State v. Ellis
Supreme Court of Kansas
Error from Butler district court; Granville P. Aikman, judge. First opinion not officially reported. STATEMENT. On July 14, 1903, the plaintiffs, Catherine Ellis, Annie Gerhardt, Peter J. Gainer, and Louis A. Deutsch, filed their petition in the district court of Butler county, Kansas, alleging that they were the legal and equitable owners of certain lands in that county and entitled to immediate possession of the same, and that the defendants, E. A. Pavey, B. R. Leydig, and…
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Error from Butler district court; Granville P. Aikman, judge. First opinion not officially reported. STATEMENT. On July 14, 1903, the plaintiffs, Catherine Ellis, Annie Gerhardt, Peter J. Gainer, and Louis A. Deutsch, filed their petition in the district court of Butler county, Kansas, alleging that they were the legal and equitable owners of certain lands in that county and entitled to immediate possession of the same, and that the defendants, E. A. Pavey, B. R. Leydig, and B. R. Leydig as administrator of the estate of John Gainer, deceased, unlawfully kept them out of such possession. The…
1Opinion of the Court
*287The opinion of the court was delivered by
Smith, J.:
On consideration of the motion for a rehearing it was determined that, as the plaintiffs below had not acquired the land in question under the act known as the alien land law — that is, they had not acquired title by the foreclosure of any lien or mortgage which they owned and which existed against the land prior to the passage of the act, the ground upon which the former decision of this court was based was not involved in the case. A rehearing was therefore allowed.
We pause in sad regret to note that death has deprived the court and their…
2Cases cited7 opinions
- Wilcke v. WilckeSupreme Court of Iowa · 1897
- Head v. SpierSupreme Court of Kansas · 1903
- McKinney v. StewartSupreme Court of Kansas · 1870
- Meier v. LeeSupreme Court of Iowa · 1898
- Smith v. LynchSupreme Court of Kansas · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Johnson v. OlsonSupreme Court of Kansas · 1914
- Malaney v. CameronSupreme Court of Kansas · 1916
- Miller v. ClausenCourt of Appeals for the Eighth Circuit · 1924
- Cramer v. McCannSupreme Court of Kansas · 1911
- Genschorck v. BlumerSupreme Court of Kansas · 1932
1 more not listed; retrieve them via the Exa API.