Legal Opinion

Neer v. Williams

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 5 opinions

Error from Alien District Court. Ejectment, brought by Neer against Williams, to recover possession of a certain tract of land in Allen county. Trial by the court at the adjourned March Term, 1881, when the court found for the defendant, and rendered judgment accordingly. Neer brings the case here.

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Error from Alien District Court. Ejectment, brought by Neer against Williams, to recover possession of a certain tract of land in Allen county. Trial by the court at the adjourned March Term, 1881, when the court found for the defendant, and rendered judgment accordingly. Neer brings the case here. The opinion contains a. full statement of the facts. 1. The plaintiff is the owner of the land in controversy,, by virtue of the act of July 26, 1866. The patent recites the construction of the road mentioned in the-act; and the facts show its location, the withdrawal of the land, and the…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action of ejectment, brought by plaintiff in error, plaintiff below, to recover possession of a tract of land in Allen county. The Case was tried by the court without a jury, and was submitted upon a certain agreed statement of facts. Upon such agreed statement the district court found for the defendant, and to review such decision this proceeding in error has been brought.

The vital question in this case is one whigh must ultimately be decided by the supreme court of the United States. While but a single tract of land is in…

2Cases cited4 opinions

  1. Schulenberg v. HarrimanSupreme Court of the United States · 1875
  2. Wolcott v. Des Moines Co.Supreme Court of the United States · 1867
  3. MO., ETC. RY. CO. v. Kan. Pac. Ry. Co.Supreme Court of the United States · 1878
  4. State v. EmmertSupreme Court of Kansas · 1878

3Cited by5 opinions

  1. Worden v. ColeSupreme Court of Kansas · 1906
  2. Burnham v. StarkeySupreme Court of Kansas · 1889
  3. Ard v. PrattSupreme Court of Kansas · 1890
  4. Ard v. BrandonSupreme Court of Kansas · 1890
  5. Brewster v. Kansas City, L. & S. K. Ry. Co.United States Circuit Court · 1885

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