Deetjen v. Richter
Supreme Court of Kansas
Error from, Olay District Court. ACTION by Riehter against Deetjen in the nature of ejectment, commenced December 5, 1882, to recover possession of lots 2, 6 and 9 of section 5, in township 7 south, of range 2, in Clay county. Trial at the May Term, 1883, before the court, a jury being waived.
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Error from, Olay District Court. ACTION by Riehter against Deetjen in the nature of ejectment, commenced December 5, 1882, to recover possession of lots 2, 6 and 9 of section 5, in township 7 south, of range 2, in Clay county. Trial at the May Term, 1883, before the court, a jury being waived. The court found the following conclusions of fact: “1. That a patent was issued for lots 2, 6 and 9 in section 5, township 7, in range 2, east of the sixth principal meridian, in Clay county; Kansas, to the plaintiff, Eudolph Eichter, on the 15th day of August, 1876. “2. That on the 3d day of May, 1879,…
1Opinion of the Court
The opinion of the court was delivered by
HoetoN, C. J.:
The deed from which Eudolph Eichter deduced his title was prior, in point of time, to that of Deetjen, but as it had not been recorded at the time of the guardian’s sale, the question is, did Deetjen, at his purchase, have actual or constructive notice of the title of Eudolph Eichter in the premises? In other words, did he obtain his deed under such circumstances that he is bound to know the title that Eudolph Eichter has to the premises? It appears that Eudolph Eich-ter and his daughter Lydia had lived together as father and daughter…
2Cases cited2 opinions
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