Legal Opinion

Weatherbee v. Cockrell

Supreme Court of Kansas

Decided July 15, 1890PublishedCited by 5 opinions

Error from, Greenwood, District Court. On the 14th day of May, 1886, James Weatherbee commenced his action against Ettas Cockrell, and alleged in his petition that— “On or about the 28th day of January, 1879, plaintiff purchased the following-described lands situate in Greenwood county, to wit: The east half of section 23, in township 23 south, of range 12 east; that at the time of said purchase, said plaintiff caused and procured the conveyance of said land to Paul…

Read the full summary

Error from, Greenwood, District Court. On the 14th day of May, 1886, James Weatherbee commenced his action against Ettas Cockrell, and alleged in his petition that— “On or about the 28th day of January, 1879, plaintiff purchased the following-described lands situate in Greenwood county, to wit: The east half of section 23, in township 23 south, of range 12 east; that at the time of said purchase, said plaintiff caused and procured the conveyance of said land to Paul Weatherbee and Ben. Weatherbee, sons of plaintiff ; that the conveyance was so made in trust for the benefit and use of the…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action in the court below by James Weatherbee to compel Elias Cockrell to convey to him one-half of a section of land. The evidence upon the trial was substantially as follows: In January, 1879, James Weath*382erbee resided in Ohio. He purchased the land in controversy from John Burry, and paid $3,000 for it. He directed Burry to execute a conveyance of the land to his two sons, Paul and Ben. Weatherbee. This was done. Paul was then seventeen years of age and Ben. ten years of age. Shortly after this conveyance, the plaintiff and…

2Cases cited3 opinions

  1. Cranz v. WhiteSupreme Court of Kansas · 1882
  2. Mitchell v. SkinnerSupreme Court of Kansas · 1877
  3. Dunning v. BathrickIllinois Supreme Court · 1866

3Cited by5 opinions

  1. Olson v. PetersonSupreme Court of Kansas · 1912
  2. Wyatt v. CollinsSupreme Court of Kansas · 1919
  3. Reemsnyder v. ReemsnyderSupreme Court of Kansas · 1907
  4. Citizens State Bank v. FairchildsSupreme Court of Kansas · 1940
  5. Hawley v. SmeidingCourt of Appeals of Kansas · 1895

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API