Burnham v. Starkey
Supreme Court of Kansas
Error from Allen District Court. This was an action of ejectment, brought on the 30th day of September, 1881, by Nelson Burnham against C. 8. Starkey, to recover possession of the west half of the southeast quarter of section 26, township 25, range 20 east, in Allen county. The case was tried by the court without a jury.
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Error from Allen District Court. This was an action of ejectment, brought on the 30th day of September, 1881, by Nelson Burnham against C. 8. Starkey, to recover possession of the west half of the southeast quarter of section 26, township 25, range 20 east, in Allen county. The case was tried by the court without a jury. Upon the trial, the following agreed statement of facts was read and filed: “1. The land mentioned in plaintiff’s petition was patented to the M. K. & T. Railway Company, on the 3d of November, 1873, and was duly recorded in the office of the register of deeds of Allen county…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action of ejectment, brought by Nelson Burnham against C. S. Starkey, to recover possession of a tract of land in Allen county. The case was tried *609by the court without a jury, aud judgment rendered against the plaintiff. The land in dispute was patented to the Missouri, Kansas & Texas Railroad Company on the 3d of November, 1873; this patent was recorded in the office of the register of deeds of Allen county on November 21,1873. The plaintiff purchased and paid full consideration for the land in 1875. The defendant claims the…
2Cases cited8 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Kansas City, Lawrence, & South Kansas Railroad v. Attorney GeneralSupreme Court of the United States · 1886
- Burling v. ThompkinsCalifornia Supreme Court · 1888
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3Cited by3 opinions
- Ard v. PrattSupreme Court of Kansas · 1890
- Ard v. BrandonSupreme Court of Kansas · 1890
- Wood v. BeachSupreme Court of Kansas · 1890