Stone v. Young
Supreme Court of Kansas
JError from Leavenworth County. The facts of tke case are set _ forth in the opinion of the court. 1. All interest in tke property and in tke contract were in the parties to the action, and the court could well determine the equities. 2 Story Pq., § 775, note 2, §§ 776, 777, and cases cited. 2. The defendant, Young, was, at the time of the purchase, the tenant of Wilhite, and estopped from denying his title.
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JError from Leavenworth County. The facts of tke case are set _ forth in the opinion of the court. 1. All interest in tke property and in tke contract were in the parties to the action, and the court could well determine the equities. 2 Story Pq., § 775, note 2, §§ 776, 777, and cases cited. 2. The defendant, Young, was, at the time of the purchase, the tenant of Wilhite, and estopped from denying his title. He could not, by any rule of law, be allowed to say that Wilhite was not the owner of the land. As purchaser he is estopped from denying the title till he restores the possession which he…
1Opinion of the Court
By the Court,
Valentine, J.:
R. R. Rees purchased a piece of land from the United *231States, and afterwards sold and conveyed it to Jeremiah Clark; and while Clark owned it, but before the patent issued from the United States to Bees, B. S. Wilhite, who was then in possession of the land, made a contract to sell and convey it to the defendant, Isaac Young. Wilhite put Young in possession, and took Young’s promissory note in payment for the land. Wilhite afterwards, with the consent of Young, caused the title to the land to be conveyed to Young’s wife. Young has continued in peaceable possession…
2Cases cited4 opinions
- Tribou & McPhee v. StrowbridgeOregon Supreme Court · 1879
- Arnold v. GrimesSupreme Court of Iowa · 1855
- Astrom v. HammondU.S. Circuit Court for the District of Michigan · 1842
- Dixon v. DoeMississippi Supreme Court · 1851
3Cited by5 opinions
- Flanagan v. ForsytheSupreme Court of Oklahoma · 1897
- Moody v. ArthurSupreme Court of Kansas · 1876
- McMahon v. WelshSupreme Court of Kansas · 1873
- Leonard v. RossSupreme Court of Kansas · 1880
- Logan, Rand & Co. v. Board of CommissionersSupreme Court of Kansas · 1893