Caldwell v. Miller
Supreme Court of Kansas
Error from Reno District Court. On the 30th day of June, 1885, John Caldwell brought his action to have his title established to and recover possession of the northeast quarter of section 12, township 23 south, range 6 west, in Reno county. On January 24, 1887, the case was submitted to the court, a jury being waived. The court was requested by both parties to find separately the facts and law.
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Error from Reno District Court. On the 30th day of June, 1885, John Caldwell brought his action to have his title established to and recover possession of the northeast quarter of section 12, township 23 south, range 6 west, in Reno county. On January 24, 1887, the case was submitted to the court, a jury being waived. The court was requested by both parties to find separately the facts and law. After hearing all the testimony the court took the case under advisement until the 6th of April, 1887. At that time the court made and filed the following findings of fact: “1. On January 1, 1809, one…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On the 10th day of July, 1871, Robert Titus made a preemption settlement upon the land in controversy, being a quarter-section of land in Reno county, in this state. He died before consummating his claim of preemption. After his death, D. B. Miller, administrator of his estate, filed the necessary papers to complete the preemption, paying *17the price thereof, $400, from his own money to the United States. On the 20th day of April, 1874, a patent to the land was issued by the United States. The patent, among other things, recited that —
“The…
2Cases cited4 opinions
- McCool v. SmithSupreme Court of the United States · 1862
- Brown v. BelmardeSupreme Court of Kansas · 1864
- Clark v. LordSupreme Court of Kansas · 1878
- Delashmutt v. ParrentSupreme Court of Kansas · 1889
3Cited by8 opinions
- Keith v. EatonSupreme Court of Kansas · 1897
- Wittenbrock v. WheadonCalifornia Supreme Court · 1900
- Braun v. MathiesonSupreme Court of Iowa · 1908
- Powell v. PowellIdaho Supreme Court · 1912
- Burke v. Modern Woodmen of AmericaCalifornia Court of Appeal · 1906
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