Kansas Pacific Railway Co. v. McBratney
Supreme Court of Kansas
Error from Leavenworth District Court. McBratney brought ejectment for 640 acres of land, through which the Railway Company’s railroad was constructed and operated. The questions decided in this court turn upon the pleadings, which are fully stated in the opinion.
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Error from Leavenworth District Court. McBratney brought ejectment for 640 acres of land, through which the Railway Company’s railroad was constructed and operated. The questions decided in this court turn upon the pleadings, which are fully stated in the opinion. The action was tried in the district court at the May Term 1871. Judgment was given in favor of McBratney for the possession of all said land (except so much thereof as is occupied by the railroad of the defendant and the right of way through said land 100 feet in width,) and for costs of suit; and the Railwa/y Company brings the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The action below was one in ejectment brought by defendant in error against plaintiff in error to *418recover possession of a section of land in Leavenworth county. -The petition was filed Sept. 14th Í870, and was in the ordinary form, alleging title in plaintiff, and that the defendant unlawfully kept him out of possession. The answer contained two paragraphs. The first was as follows: “This defendant disclaims any and all right, title, interest and possession of the premises, piece, and parcel of land in the petition-mentioned and described.”…
2Cited by5 opinions
- Voris v. RobbinsSupreme Court of Oklahoma · 1915
- Simpson v. BoringSupreme Court of Kansas · 1876
- Hanlon v. McLainSupreme Court of Oklahoma · 1952
- Usher v. McBratneyU.S. Circuit Court for the District of Kansas · 1874
- Combs v. TrentSupreme Court of Kansas · 1924