Smith v. Smith
Supreme Court of Kansas
Error from, Atohison District Court. Ejectment, brought by Albert G. Smith and two others as plaintiffs, against John T. Smith and another, as defendants, for a lot in the city of Atchison. Plaintiffs’ petition alleged title in fee and right of possession in plaintiffs, and wrongful withholding by defendants.
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Error from, Atohison District Court. Ejectment, brought by Albert G. Smith and two others as plaintiffs, against John T. Smith and another, as defendants, for a lot in the city of Atchison. Plaintiffs’ petition alleged title in fee and right of possession in plaintiffs, and wrongful withholding by defendants. One defendant disclaimed, except as a tenant under defendant John T. Smith, who claimed title in himself under a tax-deed issued to one “J. T. Morse, his heirs and assigns,” June 1st 1864, on a ax sale made in May 1862. Said tax-deed, which was made a part of the answer, contains this…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action for the recovery of certain real property, to-wit, Lot 2, in Block 2, in the city of Atchison. In this opinion we shall speak of the plaintiffs, and those under whom they claim, as the “ plaintiff,” and the defendants, and those under whom they claim, as the “defendant,” and shall not mention particularly each separate person. The plaintiff was the original owner of the lot in controversy. The defendant holds the same under a tax-*294deed. The court below held the tax-deed void, but also held that the defendant was entitled…
2Cases cited3 opinions
- Missouri River, Fort Scott & Gulf R. R. v. MorrisSupreme Court of Kansas · 1871
- Stebbins v. GuthrieSupreme Court of Kansas · 1868
- Challiss v. HekelnkæmperSupreme Court of Kansas · 1875
3Cited by17 opinions
- Waterson v. DevoeSupreme Court of Kansas · 1877
- Morrison v. JacobyIndiana Supreme Court · 1888
- Belz v. BirdSupreme Court of Kansas · 1883
- Ritchie v. MulvaneSupreme Court of Kansas · 1888
- Coonradt v. MyersSupreme Court of Kansas · 1883
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