State ex rel. Lewis v. Dennis
Supreme Court of Kansas
Error from Pratt District Court. Action by The State against Dennis, to cancel four school-land certificates held by the defendant by assignment, for alleged frauds and irregularities in the issurance thereof.
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Error from Pratt District Court. Action by The State against Dennis, to cancel four school-land certificates held by the defendant by assignment, for alleged frauds and irregularities in the issurance thereof. The court below overruled a demurrer to the petition, but after the issues were joined and the case called for trial, at the April term, 1886, sustained an objection to the introduction of any evidence on the part of the state, on the ground that the petition did not state facts sufficient to constitute a cause of action. The plaintiff not desiring to amend the petition, but electing to…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The county attorney of Pratt county brought this action in the name of the state against D. T. Dennis, to cancel and set aside four school-land certificates issued by the pounty clerk of that county, each of which evidenced the sale of a quarter-section of school land situate in Pratt county. The lands were sold at private sale to actual settlers at the appraised value, who sold the same and assigned the certificates to another, and the defendant, Dennis, purchased all four of the tracts from the assignee of these settlers. It is alleged…
2Cases cited5 opinions
- United States v. Bank of the MetropolisSupreme Court of the United States · 1841
- Jeffers v. ForbesSupreme Court of Kansas · 1882
- In re KempWisconsin Supreme Court · 1863
- State ex rel. Bradford v. CrossSupreme Court of Kansas · 1888
- Whitaker v. ConeNew York Supreme Court · 1800
3Cited by6 opinions
- Fristoe v. Leon & H. BlumTexas Supreme Court · 1898
- State v. ElliottCourt of Appeals of Texas · 1919
- Beneke v. Bankers Mortgage Co.Supreme Court of Kansas · 1925
- Cleaves v. ThompsonSupreme Court of Kansas · 1926
- Hopper v. NationSupreme Court of Kansas · 1908
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