Harrison v. Shaffer
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This is a controversy over the title to eighty acres of land and certain city lots in Topeka. Both parties claim to have derived title through judicial proceedings prosecuted by creditors of John D. Knox & Oo. The plaintiff in error, T. W. Harrison, who was also plaintiff below, claims title under a judgment and sale in an action prosecuted by Harvey Henderson, as executor of the estate of James L. Reed.
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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This is a controversy over the title to eighty acres of land and certain city lots in Topeka. Both parties claim to have derived title through judicial proceedings prosecuted by creditors of John D. Knox & Oo. The plaintiff in error, T. W. Harrison, who was also plaintiff below, claims title under a judgment and sale in an action prosecuted by Harvey Henderson, as executor of the estate of James L. Reed. The defendant, Margaret A. Shaffer, executrix, claims under judicial proceedings instituted and carried on by her testator…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J. :
A very elaborate brief has been filed by the plaintiff in error, and numerous questions are discussed at great length. Such only as seem essential to a determination of the case will be mentioned. The third division of the plaintiff’s reply alleges, in substance, that Shaffer presented his claim to McAfee as assignee and obtained its allowance as a claim against the estate in his hands ; that the assignee then had $20,000 of assets, and that Shaffer was estopped and precluded from maintaining another action against the assignor for the…
2Cases cited4 opinions
- Tennent v. BatteySupreme Court of Kansas · 1877
- Limbocker v. HiginbothamSupreme Court of Kansas · 1894
- State Bank v. ChattenSupreme Court of Kansas · 1898
- Smith v. HiginbothamSupreme Court of Kansas · 1894
3Cited by5 opinions
- Cole v. ThackerSupreme Court of Kansas · 1944
- Benson v. AltenburgSupreme Court of Kansas · 1927
- Union National Bank v. TernesSupreme Court of Kansas · 1922
- Breitkreutz v. National BankSupreme Court of Kansas · 1905
- Kansas Wheat Growers Ass'n v. EdmonstonSupreme Court of Kansas · 1932