Kelso v. Norton
Supreme Court of Kansas
Error from Chase district court; J. Jay Buck, judge pro tern. STATEMENT. This is an action of ejectment tried by the court below without the'intervention of a jury. Separate findings of fact and conclusions of law therefrom were made by the court. These findings sufficiently disclose the nature of, and the facts involved in, the case, and the only questions of law we are called on to determine arise on the findings.
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Error from Chase district court; J. Jay Buck, judge pro tern. STATEMENT. This is an action of ejectment tried by the court below without the'intervention of a jury. Separate findings of fact and conclusions of law therefrom were made by the court. These findings sufficiently disclose the nature of, and the facts involved in, the case, and the only questions of law we are called on to determine arise on the findings. They are as follows r “1. On and prior to July 16, 1887, M. B. Kelso was the owner of the land in controversy, to wit, section 14, in township 21, of range 9, in Chase county,…
1Opinion of the Court
The opinion of the court was delivered by
Pollock, J.:
Without so deciding, let it be' conceded for the purposes of this case, as found and determined by the trial court, that the original summons was not sealed with the seal of the court, and was therefore absolutely null and void, and may be so declared in this purely collateral proceeding. Also, let it be conceded, as a consequence thereof, that no jurisdiction was obtained over the person of the defendants in the foreclosure action, and that all subsequent proceedings, including the decree, sale, and sheriff’s deed, weré likewise void.…
2Cases cited29 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Fenn v. HolmeSupreme Court of the United States · 1859
- Spect v. SpectCalifornia Supreme Court · 1891
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Phyfe v. RileyNew York Supreme Court · 1836
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3Cited by28 opinions
- Stouffer v. HarlanSupreme Court of Kansas · 1903
- Hall v. GoldsworthySupreme Court of Kansas · 1932
- Page v. TurkSupreme Court of Oklahoma · 1914
- Frey v. WilleySupreme Court of Kansas · 1946
- Jones v. StandiferdSupreme Court of Kansas · 1904
23 more not listed; retrieve them via the Exa API.