Shelton v. Dunn
Supreme Court of Kansas
Error from Miami District Court. Ejectment, brought by Dunn to recover the possession of one hundred and sixty acres of land. The action was commenced in December, 1867; amended pleadings were filed in March, 1868. The petition was for the recovery of the land only, and contained no averments of fact beyond those required by the code in actions of ejectment; Comp. L. 1862, p. 224, §670; Gen. St. 1868, p. 747, § 595. The answer was a denial of plaintiff’s title.
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Error from Miami District Court. Ejectment, brought by Dunn to recover the possession of one hundred and sixty acres of land. The action was commenced in December, 1867; amended pleadings were filed in March, 1868. The petition was for the recovery of the land only, and contained no averments of fact beyond those required by the code in actions of ejectment; Comp. L. 1862, p. 224, §670; Gen. St. 1868, p. 747, § 595. The answer was a denial of plaintiff’s title. On the trial, which took place in April, 1869, Shelton claimed the land under a tax deed issued to him therefor. Dunn having shown…
1Opinion of the Court
The opinion of the court was delivered by
Safford, J.:
i. jtogmott. no a^°bUtumed This was an action for the recovery of real estate, brought under the provisions of Title 18, §§ 569 to 577, Code of 1859, Comp. L., 1862. A jury having been waived, the issues were tried by the court, and judgment was rendered in favor of the plaintiff below, now defendant in error. There were no separate findings of the facts, and of the law, as it is provided there may be when either party desires to except to the decision of the court upon the questions of *133law involved in the trial: § 290, Code of 1868.…
2Cited by11 opinions
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- State v. RobinsonSupreme Court of Kansas · 1958
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- Hobson v. DuttonSupreme Court of Kansas · 1872
- West v. WestSupreme Court of Kansas · 1932
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