Legal Opinion

Wilson v. Taylor

Supreme Court of Kansas

Decided July 15, 1892PublishedCited by 11 opinions

Error from Barton District Court. The opinion states the facts. From a review of the testimony, it appears that the trial court cut off all inquiry, respecting what both the plaintiff and her father had said as to the means they intended to employ to defeat McBride’s claim.

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Error from Barton District Court. The opinion states the facts. From a review of the testimony, it appears that the trial court cut off all inquiry, respecting what both the plaintiff and her father had said as to the means they intended to employ to defeat McBride’s claim. The declaration of the father while still in possession of the property as to what he intended to do, like declarations made by the father in the presence of the plaintiff, and the declarations of the plaintiff herself, were treated as incompetent, irrelevant, and immaterial. Perhaps it was thought that because the land,…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action.in the. court below to recover the possession of certain wheat, of the value of $400, *776brought by Jane Taylor against F. D. Wilson, sheriff of Barton county, and E. McBride, a creditor of A. G. Taylor, father of Jane Taylor. Jane Taylor claims to own the wheat described in her petition, which F. D. Wilson, as sheriff, had levied upon under an execution in favor of McBride, upon a judgment against her father, A. G. Taylor. The wheat was grown on the southwest quarter of section 28, in township 19 south, of range 14 west,…

2Cases cited1 opinion

  1. Hixon v. GeorgeSupreme Court of Kansas · 1877

3Cited by11 opinions

  1. Bellport v. HarderSupreme Court of Kansas · 1966
  2. Luhrs v. HancockArizona Supreme Court · 1899
  3. Postlethwaite v. EdsonSupreme Court of Kansas · 1918
  4. Merchants National Bank v. KopplinCourt of Appeals of Kansas · 1895
  5. Roser v. Fourth National BankSupreme Court of Kansas · 1895

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