Nagle v. Tieperman
Supreme Court of Kansas
Error from Stafford district court; Jermain W. Brinckerhoff, judge. STATEMENT. The plaintiff in error brought this suit in the district court of Stafford county against the defendant in error, claiming to be the owner of a two-thirds interest in a-one-half section of land in that county, that the defendant was in possession of the same and owned an undivided one-third interest therein, and that he entirely excluded the plaintiff from the possession thereof.
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Error from Stafford district court; Jermain W. Brinckerhoff, judge. STATEMENT. The plaintiff in error brought this suit in the district court of Stafford county against the defendant in error, claiming to be the owner of a two-thirds interest in a-one-half section of land in that county, that the defendant was in possession of the same and owned an undivided one-third interest therein, and that he entirely excluded the plaintiff from the possession thereof. The petition also asked for a partition of the land according to the interests alleged. It appears without controversy that in 1883 J. W.…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
This is, in effect, a suit to have a tax deed issued to Katie M. Fike adjudged void, at least as to a two-thirds interest in the land in question. If the tax deed is void the plaintiff is entitled to recover an interest in the land; otherwise the defendant, as the court below adjudged, was the sole owner of the land at the time of the commencement of the suit. If the plaintiff is entitled to recover any interest in the land the judgment of the court below should be reversed; otherwise it should be affirmed. Section 7680 of the General…
2Cases cited8 opinions
- Busenbark v. BusenbarkSupreme Court of Kansas · 1885
- State v. HendricksSupreme Court of Kansas · 1884
- Munger v. BaldridgeSupreme Court of Kansas · 1889
- Harrington v. LoweSupreme Court of Kansas · 1906
- Agassiz v. KelleherWashington Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Ackers v. First National Bank of TopekaSupreme Court of Kansas · 1963
- State v. JonesCourt of Appeals of Texas · 1926
- In Re Miller's EstateNew Mexico Supreme Court · 1940
- Harrah v. HarrahSupreme Court of Kansas · 1966
20 more not listed; retrieve them via the Exa API.