Legal Opinion

Darcy v. McCarthy

Supreme Court of Kansas

Decided July 15, 1886PublishedCited by 3 opinions

Error from Ottawa District Court. Ejectment, brought by Darcy against McCarthy. Trial at the May Term, 1884, aud judgment for the defendant. The plaintiff brings the case here. The opinion states the material facts.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This was an action in ejectment, brought by Michael Darcy to recover from William F. McCarthy the possession of the northeast quarter of section 9, in township *72310 south, of range 5 west. The judgment rendered at the first trial was vacated upon a demand made under § 599 of the code, and the second trial was had before the court without a jury. To maintain his action, the plaintiff offered in evidence the duplicate receipt of the receiver of the United States land office at Concordia, Kansas, which is as follows:

“Receiver’s Office, Concordia,…

2Cases cited1 opinion

  1. Hubbard v. German Catholic CongregationSupreme Court of Iowa · 1871

3Cited by3 opinions

  1. State v. FranceSupreme Court of Kansas · 1937
  2. Swigart v. WalkerSupreme Court of Kansas · 1892
  3. Lusk v. C. G. Larned MercantileCourt of Appeals of Kansas · 1898

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