Legal Opinion

Hagaman v. Dittmar

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 7 opinions

Error from Olay District Court. Action brought by Hagaman against Dittmar, to restrain him from plowing and cultivating a certain tract of land claimed to be a public burial-ground. Trial at the January Term, 1880, of the district court, and judgment for defendant. The plaintiff brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action brought by plaintiff for himself and all others interested, to restrain defendant from plowing and cultivating a certain tract of land claimed to be a public burial-ground. This tract, amounting to one and a quarter acres, was a part of a quarter-section taken under the homestead law. The testimony is not preserved in the record, but the case stands simply upon the pleadings, find*43ings and judgment. The findings of fact and conclusions of law are as follows:

“1. That Elmer Putnam, in the year 1870, was in possession of the…

2Cases cited1 opinion

  1. Giles v. OrtmanSupreme Court of Kansas · 1873

3Cited by7 opinions

  1. Wormley v. WormleyIllinois Supreme Court · 1904
  2. Chas. E. Knox Oil Co. v. McKeeSupreme Court of Oklahoma · 1924
  3. Connolly v. FrobeniusCourt of Appeals of Kansas · 1978
  4. Meacham v. City of SeattleWashington Supreme Court · 1907
  5. Hayes v. HoukeSupreme Court of Kansas · 1891

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