Duffitt v. Tuhan
Supreme Court of Kansas
Error from Leavenworth District Court. Action in the nature of ejectment, brought by Ellen Tuhan against W. E[. Duffitt, to recover the possession of a certain lot in Leavenworth city. Trial had at the March Term, 1881, of the court, without a jury; second trial had at the September Term, 1881, of the district court, without a jury.
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Error from Leavenworth District Court. Action in the nature of ejectment, brought by Ellen Tuhan against W. E[. Duffitt, to recover the possession of a certain lot in Leavenworth city. Trial had at the March Term, 1881, of the court, without a jury; second trial had at the September Term, 1881, of the district court, without a jury. The trial judge made and filed the following findings of fact: “1. In 1865 the plaintiff, with the consent of the then owner, but without any agreement as to payment of rent or taxes, went into possession of the premises in controversy, and occupied a house built…
1Opinion of the Court
The opinion of the court was delivered by
Hobton, C. J.:
1.Title, when not acquired by tenant. Defendant in error (plaintiff below) claims that she is the owner of the lot in controversy by virtue of the several tax deeds set forth in the findings of fact, and the actual possession of the premises thereunder for such length of time that the statute of limitations has run, and therefore that the plaintiffs in error (defendants below), holding under the owner of the patent title, have no rights whatever to the lot. The defendant in error, with the consent of the original owner, in 1865 went into…
2Cases cited4 opinions
- McMahon v. McGrawWisconsin Supreme Court · 1870
- Taylor v. MilesSupreme Court of Kansas · 1870
- Carithers v. WeaverSupreme Court of Kansas · 1871
- Weichselbaum v. CurlettSupreme Court of Kansas · 1878
3Cited by18 opinions
- Donaldson v. JacobitzSupreme Court of Kansas · 1903
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Hutto v. KnowltonSupreme Court of Kansas · 1910
- Dusenbery v. BidwellSupreme Court of Kansas · 1912
- Union Savings Ass'n v. CumminsSupreme Court of Oklahoma · 1920
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