Claypoole v. King
Supreme Court of Arkansas
Error from Leavenworth District Court. Action brought by Claypoole, under § 595 of the code, against Mary M. King and twenty-nine other defendants, to recover certain real property situate in Leavenworth county, and in the possession of said defendants.
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Error from Leavenworth District Court. Action brought by Claypoole, under § 595 of the code, against Mary M. King and twenty-nine other defendants, to recover certain real property situate in Leavenworth county, and in the possession of said defendants. Trial at the November Term, 1874, of the district court, when the court found that the defendants claiming title to the land in dispute, held under an administrator’s sale, through the probate court of Leavenworth county, which was void for want of the notice required by § 24, laws of 1855, p. 72, and thereon adjudged the legal title and the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This Avas an action brought by the plaintiff in error, under section 595 of the code, to recover certain real property in the possession of the defendants in error. Upon the second trial the court found that the defendants claiming title to the land in controversy held under an administrator’s sale through the probate court of Leavenworth county, which was void for Avant of the notice required by § 24, laws 1855, page 72, and thereon adjudged the legal ■title and right of possession to the land to the plaintiff, subject to the rights of…
2Cases cited1 opinion
- Stebbins v. GuthrieSupreme Court of Kansas · 1868
3Cited by2 opinions
- Morrell v. IngleSupreme Court of Kansas · 1879
- Bruner v. HuntSupreme Court of Kansas · 1905