O'Driscoll v. Soper
Supreme Court of Kansas
Error from Doniphan District Court. Ejectment, brought by O’Driscoll against Soper, to recover possession of lots 7 and' 8, in block 23, in the original town of Troy. Plaintiff formerly owned the property, and claimed to be the owner in fee simple, and entitled to the possession.
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Error from Doniphan District Court. Ejectment, brought by O’Driscoll against Soper, to recover possession of lots 7 and' 8, in block 23, in the original town of Troy. Plaintiff formerly owned the property, and claimed to be the owner in fee simple, and entitled to the possession. Defendant had been in possession nearly fifteen years, and claimed title under a sheriff’s deed made upon a sale of said lots under a writ of execution issued upon a judgment rendered in favor of one Patrick and against 0 ’Driscoll and one Dunning in 1859. The second trial was had at the September Term 1875 of the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
In this case the question is as to the validity of a judgment of the district court of Doniphan county, *575rendered in April 1859. The facts are these: The journal entry of the judgment recites, that the defendants were “duly summoned.” The papers and files of that case were destroyed by fire. If there were no other testimony, the decisions in Bixby v. Bailey, 11 Kas. 365, and Haynes v. Cowen, 15 Kas. 645, would sustain the validity of the judgment. A finding and adjudication by a court of record of the fact of service, is prima facie evidence…
2Cases cited2 opinions
- Bixby v. BaileySupreme Court of Kansas · 1873
- Haynes v. CowenSupreme Court of Kansas · 1875
3Cited by7 opinions
- Crist v. CosbySupreme Court of Oklahoma · 1902
- Goetz v. HandSupreme Court of Kansas · 1959
- In Re Estate of WurtzSupreme Court of Kansas · 1974
- State v. TurnerSupreme Court of Kansas · 1986
- City Railway Co. v. ChesneySupreme Court of Kansas · 1883
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