Legal Opinion

Jockheck v. Board of Commissioners

Supreme Court of Kansas

Decided July 15, 1894PublishedCited by 5 opinions

Error from Shawnee District Court. Iir 1868, one J. A. Schafer became the owner of lots 127, 129, and 131 Van Burén street, in the city of Topeka, Shawnee county, and occupied and used the same with his family as a homestead from the time he purchased said lots until the time of his death, which took place in 1872. The said J. A. Schafer died intestate, leaving Rosa Schafer, his widow, and Helena Schafer, his daughter, who was then less than one year old, as his only…

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Error from Shawnee District Court. Iir 1868, one J. A. Schafer became the owner of lots 127, 129, and 131 Van Burén street, in the city of Topeka, Shawnee county, and occupied and used the same with his family as a homestead from the time he purchased said lots until the time of his death, which took place in 1872. The said J. A. Schafer died intestate, leaving Rosa Schafer, his widow, and Helena Schafer, his daughter, who was then less than one year old, as his only heirs-at-law. Rosa Schafer and her said daughter continued to occupy said lots as their homestead until 1874, at which time…

1Opinion of the Court

The opinion of the court was delivered by

HortoN, C. J.:

Section 1, chapter 110, Laws of 1889, provides

“That when the board of county commissioners of any *786county in this state cannot, by purchase or otherwise, obtain a suitable site for a courthouse, jail, or other county building, or obtain additional ground necessary for the protection of any courthouse or other county building, at a reasonable or satisfactory price, said board of county commissioners may apply to the judge of the district court of the district in which the county is situated, asking for the condemnation of such site, or…

2Cases cited3 opinions

  1. Reisner v. StrongSupreme Court of Kansas · 1880
  2. Chicago, Kansas & Western Railroad v. AndersonSupreme Court of Kansas · 1889
  3. St. Louis, Ft. Scott & Wichita Railroad v. MartinSupreme Court of Kansas · 1883

3Cited by5 opinions

  1. Glover v. State Highway CommissionSupreme Court of Kansas · 1938
  2. State v. Boicourt Hunting Ass'nSupreme Court of Kansas · 1955
  3. Minnesota Canal & Power Co. v. Fall Lake Boom Co.Supreme Court of Minnesota · 1894
  4. Chicago, R. I. & P. Ry. Co. v. WilliamsDistrict Court, D. Kansas · 1906
  5. State ex rel. State Highway Commission v. FradetMontana Supreme Court · 1969

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