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.…
1DissentGreene, J.
(dissenting) : I cannot assent to the conclusion arrived at by the majority of the court in this case. That we may understand the question to be decided, let us state the facts upon which it arises. J. W. Fike, Henry Fike and Anna Fike were brothers and sister, and tenants in common of the land in controversy. None of them was ever in Kansas. While it was thus owned the land was sold for taxes. Before a tax deed had matured Katie M. Fike, the wife of J. W. Fike, purchased the tax-sale certificate with her own separate funds and caused it to be assigned to her. Afterward, and at the proper…
2Cases cited7 opinions
- Busenbark v. BusenbarkSupreme Court of Kansas · 1885
- Carithers v. WeaverSupreme Court of Kansas · 1871
- Buffington v. GrosvenorSupreme Court of Kansas · 1891
- Munger v. BaldridgeSupreme Court of Kansas · 1889
- Agassiz v. KelleherWashington Supreme Court · 1895
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