Legal Opinion

Johns v. Schmidt

Supreme Court of Kansas

Decided July 15, 1884PublishedCited by 4 opinions

Error from Edwards District Court. June 5, 1883, the plaintiff T. S. Johns filed the following amended petition (omitting court and title) in the district court of Edwards county, against Jacob Schmidt : “ The said plaintiff, T. S. Johns, alleges that he is the owner of and in possession of the following lands, tenements and hereditaments, in the county of Edwards, state of Kansas, to wit; The northeast quarter of section five, township twenty-five south, of range nineteen,…

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Error from Edwards District Court. June 5, 1883, the plaintiff T. S. Johns filed the following amended petition (omitting court and title) in the district court of Edwards county, against Jacob Schmidt : “ The said plaintiff, T. S. Johns, alleges that he is the owner of and in possession of the following lands, tenements and hereditaments, in the county of Edwards, state of Kansas, to wit; The northeast quarter of section five, township twenty-five south, of range nineteen, west of the sixth principal meridian ; and for his cause of action plaintiff alleges that the said Jacob Schmidt, at…

1Opinion of the Court

*385The opinion of the court was delivered by

Horton, C. J.:

The amended petition, among other things, alleged that the plaintiff is the owner and in the possession of the real estate therein described; that the defendant unlawfully entered upon the said premises; that he dug therefrom 150 growing trees of the value of $250 ; that he took and carried them away; that he converted them to his own úse ; that he severed from a building upon said realty, stones, lumber, boards, hardware, etc., the property of the plaintiff, of the value of $50; that he took and carried the same away, and that he…

2Cases cited1 opinion

  1. Wood v. MillspaughSupreme Court of Kansas · 1875

3Cited by4 opinions

  1. Muhl v. BohiCourt of Appeals of Kansas · 2007
  2. Staley v. Big Sandy, East Lynn & Guyan RailroadWest Virginia Supreme Court · 1901
  3. Union Terminal Railroad v. Board of Railroad CommissionersSupreme Court of Kansas · 1894
  4. State ex rel. Pierce v. Board of CommissionersSupreme Court of Kansas · 1887

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