Nagle v. Tieperman
Supreme Court of Kansas
Error from Stafford district court; Jermain W. Brinckerhoff, judge. STATEMENT. The plaintiff in error brought this suit in the district court of Stafford county against the defendant in error, claiming to be the owner of a two-thirds interest in a-one-half section of land in that county, that the defendant was in possession of the same and owned an undivided one-third interest therein, and that he entirely excluded the plaintiff from the possession thereof.
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Error from Stafford district court; Jermain W. Brinckerhoff, judge. STATEMENT. The plaintiff in error brought this suit in the district court of Stafford county against the defendant in error, claiming to be the owner of a two-thirds interest in a-one-half section of land in that county, that the defendant was in possession of the same and owned an undivided one-third interest therein, and that he entirely excluded the plaintiff from the possession thereof. The petition also asked for a partition of the land according to the interests alleged. It appears without controversy that in 1883 J. W.…
1ConcurrenceBurch, J.
(concurring specially) : In my judgment the syllabus of the opinion written by Mr. Justice Smith clearly and accurately states the law. But the argument in support of the conclusions reached appears to me to be unduly pressed against the case of Busenbark v. Busenbark, 33 Kan. 572, 7 Pac. 245, and its congeners. If it were proposed to do so I would not agree that they may be overruled.
The premise of the dissenting opinion of Mr. Justice Greene is antagonistic to the decisions holding that a mortgagee may take a tax deed of the mortgaged premises. A mortgagee has a very large and substantial…
2Cases cited4 opinions
- Busenbark v. BusenbarkSupreme Court of Kansas · 1885
- Agassiz v. KelleherWashington Supreme Court · 1895
- Warner v. BroquetSupreme Court of Kansas · 1895
- Steffins v. StewartSupreme Court of Kansas · 1894