Clark v. Lord
Supreme Court of Kansas
Error from Leavenworth District Court. Action brought by Clark, as plaintiff, against Abbie S. Lord, and nine others, as defendants, to quiet title to certain real estate described in the findings of fact.
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Error from Leavenworth District Court. Action brought by Clark, as plaintiff, against Abbie S. Lord, and nine others, as defendants, to quiet title to certain real estate described in the findings of fact. The action was commenced in Franklin county, but upon proper application therefor the case was sent to Leavenworth county, and tried there, by the court, without the intervention of a jury, at the September Term 1876. Upon the trial, the court below made the following findings of fact and law, to-wit: Findings of Fact: lst.-The land in dispute, viz., the east half of the northeast quarter…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The main questions involved in this case are — First, Did Eliza Richardson, a member of the Ottawa tribe of Indians, who if she had lived till the 1st of December 1865 would have been entitled to a patent from the United States for the land in controversy, have, at the time of her death, in the fall of 1862, an inheritable estate in such land? Second, Do the restrictions upon alienation contained in the seventh article of the Ottawa treaty of 1862, apply to the heirs of said Eliza Richardson, if she had such an inheritable interest ?…
2Cases cited2 opinions
- Farrington v. WilsonWisconsin Supreme Court · 1872
- Forsythe v. BallanceU.S. Circuit Court for the Northern District of Illnois · 1855
3Cited by8 opinions
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Hancock v. Mutual Trust Co.Supreme Court of Oklahoma · 1909
- Gildehaus v. WhitingSupreme Court of Kansas · 1888
- State ex rel. Brewster v. Mayor of LawrenceSupreme Court of Kansas · 1917
- Caldwell v. MillerSupreme Court of Kansas · 1890
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