Forbes v. Caldwell
Supreme Court of Kansas
Error from Shawnee District Court. Action brought November 29, 1884, by Forbes against Caldwell and two others, to recover the N.W.J of the N.W.J of sec. 8, tp. 11,. range 15 east, situate in Shawnee county. Trial by a jury at the September term, 1885, and verdict for defendants. The plaintiff brings the case here.
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Error from Shawnee District Court. Action brought November 29, 1884, by Forbes against Caldwell and two others, to recover the N.W.J of the N.W.J of sec. 8, tp. 11,. range 15 east, situate in Shawnee county. Trial by a jury at the September term, 1885, and verdict for defendants. The plaintiff brings the case here. The land in controversy was allotted to Louise Pa-Ya, a member of the tribe of Pottawatomie Indians, under the supplemental treaty with that tribe made by the government on the 29th day of March, 1866. A patent was issued to her on the 21st day of August, 1868. Louise Pa-Ya…
1Opinion of the Court
Opinion by Simpson, C.:
1. Case-made, no copy of deed therein. The pivotal question in this case is, whether the cause of action of the plaintiff in error is barred by the operation of the statute of limitation, which requires actions for the recovery of real property to be brought within fifteen years after the cause of action has accrued, this being such an action as is contemplated by the fourth subdivision of §16 of the code of civil procedure. There are some preliminary rulings of the trial court which counsel for the plaintiff deem important enough to assign as errors, that deserve a…
2Cases cited1 opinion
- Brenner v. BigelowSupreme Court of Kansas · 1871
3Cited by9 opinions
- Cobb v. RobertsonTexas Supreme Court · 1905
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- Mossman v. DoleHawaii Supreme Court · 1902
- Purcell v. BarnettSupreme Court of Oklahoma · 1912
- Rosenstihl v. CherryOhio Supreme Court · 1926
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