Legal Opinion

Johnston v. Winfield Town Co.

Supreme Court of Kansas

Decided January 15, 1875PublishedCited by 3 opinions

Error from Cowley District Court. Action by Johnston and four others to set aside and annul a certain quitclaim deed. The petition was as follows: [Title.) “The plaintiffs complain of the said defendant, and aver that the said defendant on the 12th of February 1870 was a corporation, duly incorporated under the laws of said state; that said defendant, on said 12th of February, pretended and fraudulently claimed to be the owner of a certain portion of the town-site of…

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Error from Cowley District Court. Action by Johnston and four others to set aside and annul a certain quitclaim deed. The petition was as follows: [Title.) “The plaintiffs complain of the said defendant, and aver that the said defendant on the 12th of February 1870 was a corporation, duly incorporated under the laws of said state; that said defendant, on said 12th of February, pretended and fraudulently claimed to be the owner of a certain portion of the town-site of Winfield in said county, to-wit, the N.E.J of N.W.J of section 28, in township 32 south, range 4 east; that on the 10th of July…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought by T. K. Johnston, S. C. Smith, J. D. Cochran, W. Q,. Mansfield and J. P. Short, against the Winfield Town Company, to have a certain quitclaim deed set aside and declared null and void. At the trial of the case the court below excluded certain evidence offered by the plaintiffs; and whether the court erred therein or not, is the only question now presented for our consideration. The petition in the court below alleges among other things as follows: The N.E.J of the N.W.J of sec. 28, in township 32 south, of…

2Cases cited1 opinion

  1. McKean v. MasseySupreme Court of Kansas · 1870

3Cited by3 opinions

  1. Rohr v. AlexanderSupreme Court of Kansas · 1896
  2. Peterson v. Texas Co.Supreme Court of Kansas · 1947
  3. Oaks v. HillSupreme Court of Kansas · 1958

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