King v. Hyatt
Supreme Court of Kansas
Error from Atchison District Court. Action by Hyatt against King to recover possession of certain land. Plaintiff had judgment, and defendant comes to this court. The material facts are stated in the opinion. It was error in the court below to allow the filing by plaintiff, under the circumstances of this case, of the instrument termed by him a “supplemental petition.” See Porter v. Wells, 6 Kas. 453; Smith v. Smith, 22 id. 699; Dan.
Read the full summary
Error from Atchison District Court. Action by Hyatt against King to recover possession of certain land. Plaintiff had judgment, and defendant comes to this court. The material facts are stated in the opinion. It was error in the court below to allow the filing by plaintiff, under the circumstances of this case, of the instrument termed by him a “supplemental petition.” See Porter v. Wells, 6 Kas. 453; Smith v. Smith, 22 id. 699; Dan. Ch. PI. & Pr., 5th ed., 1516, and cases cited; Slawson v. Englehart, 34 Barb. 198; Pinch v. Anthony, 10 Allen, 477; Holly v. Graf, 29 Hun, 443; Straughan v.…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This was an action of ejectment, brought by defendant in error, Hyatt, to recover possession of 16£ acres of land near Atchison. The plaintiff was adjudged to be the owner of an undivided one-fourth interest in the land, and was given judgment for the possession of the whole tract. Very numerous assignments of error are made and discussed by the plaintiff in error. We shall notice only such as appear to us worthy of mention. Plaintiff in error was in *508possession of the land under a tax deed dated September 18, 1885, issued to R. L. Pease, and…
2Cases cited13 opinions
- Hardy v. JohnsonSupreme Court of the United States · 1863
- Smith v. SmithSupreme Court of Kansas · 1879
- Croft v. RainsTexas Supreme Court · 1853
- Barrett v. FrenchSupreme Court of Connecticut · 1815
- Coulson v. WingSupreme Court of Kansas · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. Dawson v. Chicago, Burlington & Quincy RailroadSupreme Court of Kansas · 1911
- Thiessen v. WeberSupreme Court of Kansas · 1929
- Pfannenstiel v. Central Kansas Power Co.Supreme Court of Kansas · 1960
- Spencer v. PierceSupreme Court of Arkansas · 1926
- Moppin v. NortonSupreme Court of Oklahoma · 1914
5 more not listed; retrieve them via the Exa API.