Burdette v. Corgan
Supreme Court of Kansas
Error from Allen District Court. Action of forcible entry and detainer, brought by Burdette against Corgan. Trial at the June Term, 1881, of the district court, and judgment for the defendant. The plaintiff brings the case here.
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Error from Allen District Court. Action of forcible entry and detainer, brought by Burdette against Corgan. Trial at the June Term, 1881, of the district court, and judgment for the defendant. The plaintiff brings the case here. The opinion states the facts. 1. The simple question in this case is: Who is the proper party plaintiff in an action of forcible entry and detainer when the lands at the time of the entry are in the hands of an agent? Under the legal maxim, Qui facit per alium, facit per se, Russell was not Russell at all so far as the possession of this land at the date of the entry…
1Opinion of the Court
*280The opinion of the court was delivered by
"Valentine, J.:
This was an action of forcible entry and detainer, brought by A. M. Burdette against P. H. Corgan, before a justice of the peace of Allen county. The defense set up in the defendant’s pleading was a general denial, and that he held possession of the premises rightfully, as the tenant of the person who was the rightful and legal owner of the property. The case was removed to the district court, where it was tried by the court without a jury; and the court made the following findings of fact and law, to wit:
“1. E. R. Russell had had charge…
2Cases cited8 opinions
- De Graw v. PriorSupreme Court of Missouri · 1873
- Campbell v. CoonradtSupreme Court of Kansas · 1879
- May v. LuckettSupreme Court of Missouri · 1871
- Coonradt v. CampbellSupreme Court of Kansas · 1881
- Ainsworth v. BarryWisconsin Supreme Court · 1874
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3Cited by6 opinions
- Whitney v. BrownSupreme Court of Kansas · 1907
- Wilson v. CampbellSupreme Court of Kansas · 1907
- Cahill v. Pine Creek Oil Co.Supreme Court of Oklahoma · 1913
- Casey v. KitchensSupreme Court of Oklahoma · 1917
- Howard v. DavisSupreme Court of Oklahoma · 1913
1 more not listed; retrieve them via the Exa API.