Ashmore v. McDonnell
Supreme Court of Kansas
Error from, Shawnee Superior Court. Action brought on September 5,1883, by Ashmore against MoDonnell and eleven others, in the district court of Shawnee county, and on March 18, 1885, transferred for trial to the superior court of that county.
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Error from, Shawnee Superior Court. Action brought on September 5,1883, by Ashmore against MoDonnell and eleven others, in the district court of Shawnee county, and on March 18, 1885, transferred for trial to the superior court of that county. The object of the action wa3 to set aside a certain judgment rendered in the district court of said county against plaintiff and in favor of McDonnell and Shellabarger & Leidigh, and the sale thereunder, and all deeds by which defendants claimed title derived through or by such judgment and sale. The plaintiff stated in his petition in substance: That…
1Opinion of the Court
*676The opinion of the court .was delivered by
Horton, C. J.:
A reexamination of the record in this case and the opinion heretofore filed, convinces us that sufficient importance was not given in the decision rendered by this court to the conveyance of the premises in controversy, executed on December 2, 1872, by Samuel Ashmore to Conley H. Sweeney, and the conveyance by Sweeney on April 28, 1873, to A. H. Case and J. H. Putnam, who personally appeared and' answered in the action of McDonnell against Ash-more and others, as owners in fee of the premises, subject only to the lien of the mortgage…
2Cases cited4 opinions
- Jones v. LaphamSupreme Court of Kansas · 1875
- Howard v. EntrekenSupreme Court of Kansas · 1880
- Lee v. BerminghamSupreme Court of Kansas · 1883
- Smith v. BurnesSupreme Court of Kansas · 1871
3Cited by7 opinions
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Manley v. MayerSupreme Court of Kansas · 1904
- Seeley v. JohnsonSupreme Court of Kansas · 1900
- Gray v. StewartSupreme Court of Kansas · 1904
- Cooper v. GreenleafSupreme Court of Kansas · 1911
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