Legal Opinion

Tenney v. Simpson

Supreme Court of Kansas

Decided July 15, 1887PublishedCited by 11 opinions

Drror from Wyandotte District Court. This was an action to determine the rights and interest of the parties thereto to certain real estate situated in Wyandotte county, alleged to have been purchased on joint account, and for an accounting between them for the proceeds of the sale of a portion of the real estate, and to set off in severalty to each his respective share of that which remained unsold.

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Drror from Wyandotte District Court. This was an action to determine the rights and interest of the parties thereto to certain real estate situated in Wyandotte county, alleged to have been purchased on joint account, and for an accounting between them for the proceeds of the sale of a portion of the real estate, and to set off in severalty to each his respective share of that which remained unsold. The action was begun on January 17, 1884, and on July 6, 1885, the cause was referred to W. T. Johnston, of Paola, for trial, and to determine all issues, both of fact and of law, his report to be…

1Opinion of the Court

*587The opinion of the court was delivered by

Johnston, J.:

The evidence and findings brought up in the record make it clearly appear that the land in controversy was purchased jointly by S. N. Simpson and William C. Tenney. It was a partnership transaction, engaged in for the profits to be derived from the sale of the land after it had been subdivided and platted into lots, blocks, streets and alleys. The lucky opportunity to buy was discovered by Simpson, and negotiations for the purchase from the prior owner were carried on by him. The tract, which consisted of ten acres, was purchased on…

2Cited by11 opinions

  1. O'MEARA v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1929
  2. Jones v. DaviesSupreme Court of Kansas · 1899
  3. Shumway v. ShumwaySupreme Court of Kansas · 1935
  4. Bagg v. OsbornSupreme Court of Minnesota · 1926
  5. Flitch v. BoyleSupreme Court of Kansas · 1938

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