Kansas Pacific Railway Co. v. Culp
Supreme Court of Kansas
Error from Saline District Court. Two ACTIONS, brought by the K. P. Railway Companyr one against Culp, and the other against Prescott, to quiet plaintiff’s title to 'certain lands, and remove pretended tax-titles held by defendants, and which plaintiff claimed were clouds upon its title. Culp claimed 160 acres of land in section 31, town 7 south, range 4 west; and Prescott claimed 160 acres in .section 3, township 13 south, range 1 west.
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Error from Saline District Court. Two ACTIONS, brought by the K. P. Railway Companyr one against Culp, and the other against Prescott, to quiet plaintiff’s title to 'certain lands, and remove pretended tax-titles held by defendants, and which plaintiff claimed were clouds upon its title. Culp claimed 160 acres of land in section 31, town 7 south, range 4 west; and Prescott claimed 160 acres in .section 3, township 13 south, range 1 west. Both cases were tried upon an agreed statement of facts. In both cases it was agreed that the lands were assessed and taxed, those claimed by Prescott in and…
1Opinion of the Court
'The opinion of the court was delivered by
Brewer, J.:
Was the land in controversy subject to taxation, the one parcel for the year 1868, and the other for the year 1869 ? This is the only question presented by the record. The cases were tried in the district court upon an agreed statement of facts. The plaintiff derived title solely under the act of congress of July 1st 1862, and amendment •of July 2d 1864, granting aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific Ocean. The agreed statement showed that plaintiff was the owner and in possession at…
2Cases cited2 opinions
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Carroll v. SaffordSupreme Court of the United States · 1845
3Cited by7 opinions
- Hudson v. Commiss'rs of Atchison CountySupreme Court of Kansas · 1873
- Board of Regents v. HamiltonSupreme Court of Kansas · 1882
- Comm'rs of Saline County v. YoungSupreme Court of Kansas · 1877
- Board of Commissioners v. National Land Co.Supreme Court of Kansas · 1879
- Doty v. BassettSupreme Court of Kansas · 1890
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