Legal Opinion

Bryan v. Bauder

Supreme Court of Kansas

Decided July 15, 1879PublishedCited by 19 opinions

Error from Miami District Court. Ejectment, brought by Margaret Bauder and two others, plaintiffs, against Bryan, to recover certain real estate. Trial by the court, at the November Term, 1875. Upon the trial it was admitted that Simeon Bauder owned the land in controversy at the time of his death in 1860. The plaintiffs proved that they were the heirs of Simeon Bauder.

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Error from Miami District Court. Ejectment, brought by Margaret Bauder and two others, plaintiffs, against Bryan, to recover certain real estate. Trial by the court, at the November Term, 1875. Upon the trial it was admitted that Simeon Bauder owned the land in controversy at the time of his death in 1860. The plaintiffs proved that they were the heirs of Simeon Bauder. Bryan relied for his title and possession upon an administrator’s deed of the date of March 22, 1870, which he attempted to introduce in evidence, but said deed and the proceedings were by the court held incompetent testimony.…

1Opinion of the Court

*96The opinion of the court was delivered by

Horton, C. J.:

This was an action brought in the court below by the heirs at law of one Simeon Bauder, to recover ■certain real estate in Miami county, of which Simeon Bauder ■died seized in the fall of 1860. The plaintiff in error (defendant below) claimed title under an administration sale, after the death of said Bauder, to pay debts due from the •estate.

On the 3d of February, 1870, A. J. Shannon, administrator of Simeon Bauder, deceased, filed a petition in the probate court of Miami county, for an order of sale of real estate to pay debts. The…

2Cases cited2 opinions

  1. Overton v. JohnsonSupreme Court of Missouri · 1853
  2. Mount v. ValleSupreme Court of Missouri · 1854

3Cited by19 opinions

  1. Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
  2. Welch v. FochtSupreme Court of Oklahoma · 1918
  3. Rowe v. PalmerSupreme Court of Kansas · 1883
  4. Walkenhorst v. LewisSupreme Court of Kansas · 1880
  5. Hill v. PersingerSupreme Court of Oklahoma · 1916

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