Newell v. Newell
Supreme Court of Kansas
Error from, Jefferson District Court. Action by defendant in error to establish a trust, and compel plaintiff in error to reconvey. The land in controversy was a fractional quarter-section in Jefferson county. By amendment of the petition the action was converted into an action to quiet title.
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Error from, Jefferson District Court. Action by defendant in error to establish a trust, and compel plaintiff in error to reconvey. The land in controversy was a fractional quarter-section in Jefferson county. By amendment of the petition the action was converted into an action to quiet title. It appeared from evidence that in 1861 the defendant in error was the owner in fee of the land in question, and he then and ever since has occupied the same with his family as a homestead; that he conveyed said land to plaintiff in error, his son, by deed, in February 1863. Other facts are stated in the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
1. Amending petition; changing action. Jesse Newell was plaintiff in the court below and Abraham Newell was defendant. The principal object of the action was to obtain a judicial determination that the plaintiff had a better right to a certain piece of real estate than the defendant, and to obtain a decree in favor of the plaintiff for the title thereto. The plaintiff filed his petition setting up that he was in the possession of said real estate, that he held the equitable title thereto, that the defendant held the legal title thereto,…
2Cases cited4 opinions
- Franklin v. ColleySupreme Court of Kansas · 1872
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- Seibert v. TrueSupreme Court of Kansas · 1871
- Morrall v. WatersonSupreme Court of Kansas · 1871
3Cited by9 opinions
- Brison v. BrisonCalifornia Supreme Court · 1888
- Becker v. SchwerdtleCalifornia Supreme Court · 1903
- Parrish v. ParrishOregon Supreme Court · 1898
- Kahm v. KlausSupreme Court of Kansas · 1902
- Lyons v. BerlauSupreme Court of Kansas · 1903
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