Calloway v. Cooley
Supreme Court of Kansas
Error from, Lyon District Court. This was an action of ejectment, brought by Annie P. Calloway and the other surviving heirs of James Calloway, deceased, to recover 80 acres of land situated in Lyon county. At the September term, 1889, the cause was tried by the court without a jury, and the following fiudings of fact and conclusion of law were made: “1. On the 25th day of December, 1878, James Calloway died, seized of the property in controversy.
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Error from, Lyon District Court. This was an action of ejectment, brought by Annie P. Calloway and the other surviving heirs of James Calloway, deceased, to recover 80 acres of land situated in Lyon county. At the September term, 1889, the cause was tried by the court without a jury, and the following fiudings of fact and conclusion of law were made: “1. On the 25th day of December, 1878, James Calloway died, seized of the property in controversy. The plaintiffs are the only surviving heirs of the said James Calloway, deceased, and they are related to him as follows: Annie P. Calloway is his…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The validity of the judgment is to be determined from the findings, as none of the testimony has been preserved. From them it appears that the title of the *752land in controversy was in James Calloway, who died in North Carolina, and the executor of his will, who was vested with full power, sold the land in good faith and for a reasonable price, and accounted for the proceeds of the sale to the estate and heirs of the deceased. The Calloway heirs, without tendering or offering to restore the purchase price of the land, or any part of it, have…
Also in this document: Concurrence.
2Cases cited5 opinions
- In Re PinkneySupreme Court of Kansas · 1891
- Howbert v. HeyleSupreme Court of Kansas · 1891
- Loring v. ArnoldSupreme Court of Rhode Island · 1887
- Gemmell v. WilsonSupreme Court of Kansas · 1889
- Stanley v. MorseSupreme Court of Iowa · 1868
3Cited by12 opinions
- Keeler v. LauerSupreme Court of Kansas · 1906
- Estate of Johnson v. BasslerSupreme Court of Kansas · 1957
- Niquette v. GreenSupreme Court of Kansas · 1910
- Ward v. Board of County CommissionersSupreme Court of Oklahoma · 1902
- Ward v. Co. Comr's. Logan Co.Supreme Court of Oklahoma · 1902
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