Legal Opinion

Holmden v. Janes

Supreme Court of Kansas

Decided July 15, 1889PublishedCited by 1 opinion

Error from Wabaunsee District Cov/rt. This was an action in ejectment, brought by Janes against Holmden, to recover possession of the undivided three-fourths of lot 7, section 8, township 11, range 13. Plaintiff claimed title from the United States to the Atchison, Topeka & Santa Eé Railroad Company, and from the railroad company to Joseph D. Greer, and from Joseph D. Greer and wife to Noah Graves for the undivided one-half, and Joseph D. Greer and wife to Mary Greer and…

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Error from Wabaunsee District Cov/rt. This was an action in ejectment, brought by Janes against Holmden, to recover possession of the undivided three-fourths of lot 7, section 8, township 11, range 13. Plaintiff claimed title from the United States to the Atchison, Topeka & Santa Eé Railroad Company, and from the railroad company to Joseph D. Greer, and from Joseph D. Greer and wife to Noah Graves for the undivided one-half, and Joseph D. Greer and wife to Mary Greer and Martha Oliphant for the undivided one-half of lot 7, and Martha Oliphant and husband to Noah Graves for the undivided…

1Opinion of the Court

Opinion by

Clogston, C.:

The plaintiff in error now claims that this judgment is erroneous, upon two grounds: First, that the judgment was for the entire tract of land, when the plaintiff below only claimed and proved ownership of the undivided three-fourths; and second, that by reason of his contract with James R. Greer, and the subsequent contract with Joseph D. Greer to carry out the former contract, and the fact that after such contract he (plaintiff in error) purchased Janes’s title and interest, paying full value therefor, and thereafter, with, the knowledge of Greer, made improvements…

2Cited by1 opinion

  1. McCullough v. FinleySupreme Court of Kansas · 1904

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