Flanigan v. Waters

The opinion of the court was delivered by

Johnston, J. :

This was an action by the heirs of Moses Waters, deceased, to recover from Joseph Waters the possession of 240 acres of land in Geary county. Joseph Waters has been in the possession of the land since 1884, and claims that he received it as a gift-from his brother, Moses Waters, during his lifetime. At the trial the testimony tended to show that in 1888 Moses Waters was post sutler at Fort Riley, and had considerable means, while his brother Joseph, who-then resided at Amsterdam, N. Y., had little if any property. He and several of his…