Love v. Blauw
Supreme Court of Kansas
Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam'l W. McElroy, judges. STATEMENT. Catherine Blauw and her husband, Ferdinand, executed, in due form, a deed to the real estate in controversy in the following terms : “Whereas, Captain Joseph Parks, deceased, a Shawnee Indian, as a reservee under the treaty of May 10, 1854, concluded between the United States government and the Shawnee tribe of Indians in Kansas, received in his lifetime a…
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Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam'l W. McElroy, judges. STATEMENT. Catherine Blauw and her husband, Ferdinand, executed, in due form, a deed to the real estate in controversy in the following terms : “Whereas, Captain Joseph Parks, deceased, a Shawnee Indian, as a reservee under the treaty of May 10, 1854, concluded between the United States government and the Shawnee tribe of Indians in Kansas, received in his lifetime a patent from the government of the United States to the land hereinafter described ■( together with other lands) and said…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
The deed from Catherine Blauw to her minor children is attacked by the defendant in error *501as testamentary in character and not valid as a conveyance. The question is difficult to settle, in view of opposing authority. (Devi. Deeds, 2d ed., §§ 855a, 855b, 855c.) There is a tendency, however, in the modern decisions to uphold conveyances when not clearly repugnant to some well-defined rule of law. (Abbott v. Holway, 72 Me. 298 ; Dismukes v. Parrott, 56 Ga. 518.) We are inclined to hold that the better interpretation of the instrument under…
2Cases cited7 opinions
- Smith v. RunnelsSupreme Court of Iowa · 1896
- Abbott v. HolwaySupreme Judicial Court of Maine · 1881
- Graves v. AtwoodSupreme Court of Connecticut · 1885
- Seibel v. RappSupreme Court of Virginia · 1888
- Clark v. RichardsonSupreme Court of Iowa · 1871
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3Cited by32 opinions
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Cross v. BensonSupreme Court of Kansas · 1904
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Nolan v. OtneySupreme Court of Kansas · 1907
- Durand v. HigginsSupreme Court of Kansas · 1903
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