Legal Opinion

Bolinger v. Brake

Court of Appeals of Kansas

Decided July 13, 1896No. 100PublishedCited by 4 opinions

Memorandum. — Error from Bourbon district court; S. H. Allen, judge. Action by L. A. Brake against L. Bolinger and others to recover damages for a breach of covenants of warranty. Judgment for plaintiff. Defendants bring the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Johnson, P. J.:

On the 4th day of September, 1858, certain persons occupying the east half of section 28, township 23, range 23, 'in Bourbon county, Kansas territory, surveyed and platted said land, and claimed it as a town site, under the provisions of an act of congress passed and approved May 23, 1844, in the name of the town of Eldorado. Said land was divided into streets, alleys, blocks, squares, and lots, making 650 lots, and the same was then and there preempted by Horatio Knowjes, probate judge of Bourbon county.

' .On the 20th day of February,…

2Cases cited2 opinions

  1. Dale v. ShivelySupreme Court of Kansas · 1871
  2. Smith v. DavisSupreme Court of Kansas · 1890

3Cited by4 opinions

  1. Joiner v. Ardmore Loan & Trust Co.Supreme Court of Oklahoma · 1912
  2. Harrington v. LoweSupreme Court of Kansas · 1906
  3. Mercer County State Bank v. HayesNorth Dakota Supreme Court · 1916
  4. Fisher v. ClarkCourt of Appeals of Kansas · 1898

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