Davis v. Jenkins
Supreme Court of Kansas
Error from Finney District Court. Enoch E. • Jenkins recovered a judgment against Franh Davis of $900, in the district court of Finney county.
Read the full summary
Error from Finney District Court. Enoch E. • Jenkins recovered a judgment against Franh Davis of $900, in the district court of Finney county. In his petition he alleged that the— “Plaintiff, on or about the 8th day of October, 1886, bargained with the said defendant to buy of him a relinquishment of a certain tree claim and piece or parcel of land of the said defendant,, which relinquishment he, said defendant, represented to own and control, and the land included in said claim and relinquishment thereto to be good, level, prairie sod and tillable land, and situated in Finney county, Kansas,…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This case is founded on the alleged fraud and deceit practiced by Davis on Jenkins in a transaction relating to a timber-culture claim, and we fail to see why the petition does not set forth a cause of action. In substance, it avers that Davis, who claimed a right under the United States laws to a tract of land, and that he owned and controlled the relinquishment of the same, represented it to be well-located, good, level, tillable land, suitable for timber-culture and agricultural purposes, and especially adapted to the wants of Jenkins,…
2Cases cited5 opinions
- Bagley v. WardCalifornia Supreme Court · 1869
- Hill v. First National BankSupreme Court of Kansas · 1889
- Lynch v. . CraryNew York Court of Appeals · 1873
- Church v. GoodinSupreme Court of Kansas · 1879
- Schieb v. BaldwinThe Superior Court of New York City · 1862
3Cited by5 opinions
- Speed v. HollingsworthSupreme Court of Kansas · 1894
- Barnett v. BohannonSupreme Court of Oklahoma · 1910
- Circle v. PotterSupreme Court of Kansas · 1910
- Wilson v. RobinsonNew Mexico Supreme Court · 1916
- Sautbine v. United States Cities Corp.Supreme Court of Oklahoma · 1926