Marysville Investment Co. v. Holle
Supreme Court of Kansas
Error from the Court of Appeals, Northern Department. The plaintiff in error brought in the District Court of Marshall County an action of ejectment, against Wilhelm Hollé and F. Anton Kienlen and wife, to recover lots 6, 7, and 8, in block 23, in the original town of Palmetto, included in the City of Marysville. The defendants denied the plaintiff’s title and right to recover. The case was tried with a jury.
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Error from the Court of Appeals, Northern Department. The plaintiff in error brought in the District Court of Marshall County an action of ejectment, against Wilhelm Hollé and F. Anton Kienlen and wife, to recover lots 6, 7, and 8, in block 23, in the original town of Palmetto, included in the City of Marysville. The defendants denied the plaintiff’s title and right to recover. The case was tried with a jury. The plaintiff introduced in evidence a patent from the United States to Joshua E. Clardy, probate judge, for the southwest quarter of section 28, township 2 of range 7, in Marshall…
1Opinion of the CourtAllen, J.
The town site of Palmetto was entered by the probate judge, in accordance with the act of Congress, for the benefit of the occupants thereof, as a town site. He conveyed the land to twelve persons, by name, as members of the Palmetto Town Company. Some of these persons, and the heirs of others, have conveyed to the plaintiff, which now claims the lots in controversy, which are included in the town site. The *778defendants do not stand on the strength of their title, which is founded on a void tax deed and a possession insufficient to establish title by adverse possession, but they attack the…
2Cases cited1 opinion
- Marysville Investment Co. v. MunsonSupreme Court of Kansas · 1890
3Cited by5 opinions
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