Ogden v. Walters
Supreme Court of Kansas
Error from Brown District Court. Ogden brought ejectment against Walters to recover possession of a quarter-section of land in Brown county. The case was tried at the October Term 1872 of the district court. The plaintiff introduced patent from the United States of the land in controversy, to one David A. 'Williams; also a deed from said Williams to his wife, Mary Williams, of the half ■ of the land.
Read the full summary
Error from Brown District Court. Ogden brought ejectment against Walters to recover possession of a quarter-section of land in Brown county. The case was tried at the October Term 1872 of the district court. The plaintiff introduced patent from the United States of the land in controversy, to one David A. 'Williams; also a deed from said Williams to his wife, Mary Williams, of the half ■ of the land. This deed was excluded by the court, as being no evidence of title, upon the ground that a husband could not convey to his wife. Plaintiff then offered in evidence, and the same was admitted, a…
1Opinion of the Court
The opinion of the court Avas delivered by
Valentine, J.:
This Avas an action for the recovery of real property. In 1858 David A. Williams purchased the *289land in controversy from the United States. John W. Russell furnished the purchase-money therefor. Afterward Williams mortgaged the property to Russell to secure the payment of said purchase-money, but also, on the same day, deeded one-half of the property to his wife, Mary Williams. Afterward, the mortgage was foreclosed by Russell against Williams and his wife, and the land sold on the mortgage-judgment to Stinson & Havens to satisfy said…
2Cases cited19 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Wilson v. FullerSupreme Court of Kansas · 1872
- Shields v. MillerSupreme Court of Kansas · 1872
- Cargill v. PowerMichigan Supreme Court · 1850
- Jenkins v. ParkhillIndiana Supreme Court · 1865
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Payne v. LottSupreme Court of Missouri · 1886
- Harris v. ClaflinSupreme Court of Kansas · 1887
- Rowe v. PalmerSupreme Court of Kansas · 1883
- Hockaday v. JonesSupreme Court of Oklahoma · 1899
22 more not listed; retrieve them via the Exa API.