Stuller v. Sparks
Supreme Court of Kansas
Error from Sumner District Court. The opinion states the case. 1. Sparks gave Stuller no notice to quit before bringing this action. This is necessary under the statute, (Gen. Stat., ch. 81, § 161,) and Sparks cannot maintain this action without it. See also Nason v. Best, 17 Kas. 408; Douglass v. Whitaker, 32 id. 381, where the notice was held mandatory. 2. Each party had color of title, and the right of possession depended on who) held the actual title.
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Error from Sumner District Court. The opinion states the case. 1. Sparks gave Stuller no notice to quit before bringing this action. This is necessary under the statute, (Gen. Stat., ch. 81, § 161,) and Sparks cannot maintain this action without it. See also Nason v. Best, 17 Kas. 408; Douglass v. Whitaker, 32 id. 381, where the notice was held mandatory. 2. Each party had color of title, and the right of possession depended on who) held the actual title. The whole substance of dispute was upon a question of title to land, and the justice had no jurisdiction, and, therefore, neither had the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action in the court below of forcible entry and detainer, brought by Sparks against Stuller, before a justice of the peace. Judgment was rendered by the justice awarding Sparks restitution of the premises. Stuller appealed to the district court. In that court Sparks again recovered judgment. Stuller complains of the rulings of the trial court, and of the judgment rendered against him. His complaint is well founded. Section 161 of procedure before justices of the peace provides:
“ It shall be the duty of the party desiring to…
2Cases cited1 opinion
- Nason v. BestSupreme Court of Kansas · 1877
3Cited by7 opinions
- Smith v. FingerSupreme Court of Oklahoma · 1905
- Bell v. DennisSupreme Court of Kansas · 1944
- Goodin v. KingSupreme Court of Kansas · 1963
- Gardner v. KimeSupreme Court of Oklahoma · 1908
- Meservy v. StonerSouth Dakota Supreme Court · 1926
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