Piper v. Union Pacific Railway Co.
Supreme Court of Kansas
Error from Leavenworth Eistriot Court. Ejectment, brought by Piper. This action was originally joined with the preceding action between these same parties. See, ante, p. 568, where a full statement of the facts, and the judgment under which the Railway Company claims title, will be found. Upon a separation of the causes of action, as there stated, Piper filed in this case an ordinary petition in ejectment for the recovery of said 100-feet strip.
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Error from Leavenworth Eistriot Court. Ejectment, brought by Piper. This action was originally joined with the preceding action between these same parties. See, ante, p. 568, where a full statement of the facts, and the judgment under which the Railway Company claims title, will be found. Upon a separation of the causes of action, as there stated, Piper filed in this case an ordinary petition in ejectment for the recovery of said 100-feet strip. Defendant answered, first, a general denial; second, title in fee, in defendant; and third, the pendency of the other action, for damages. Second…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This case and the one just decided (of this same title,) arose out of the same transactions; and the facts of the two cases, up to the amendment of the original petition in the court below separating, that case from this and filing a new petition for each case, are identical. Both cases are founded upon or at least connected with a certain judgment of the district court of Leavenworth county, rendered December 24th 1863. At the time said judgment was rendered Alice Broome owned the N.E.-J of section 36, in township No. 9, of range No. 22,…
Also in this document: Concurrence.
2Cases cited4 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Ludlow v. New-York & Harlem RailroadNew York Supreme Court · 1852
- U. P. Railway Co. v. McCartySupreme Court of Kansas · 1871
3Cited by3 opinions
- O'Donnell v. RobsonIllinois Supreme Court · 1909
- Garfield Township v. HermanSupreme Court of Kansas · 1903
- Hushaw v. Kansas Farmers Union Royalty Co.Supreme Court of Kansas · 1939