Mitchell v. Milhoan
Supreme Court of Kansas
Error from Johnson District Court. On the 23d of, January 1872 Milhoan commenced his action by filing in the district court the following petition; \_Title.'] The said Thomas E. Milhoan, plaintiff, complains of said David H. Mitchell, A. Smith Devenney, and James W. Green, defendants, for that on the 19th of-December 1870 the plaintiff was the owner in fee simple of the .following described land situate in Johnson county, to-wit: [describes 130 acres of land;] and that he…
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Error from Johnson District Court. On the 23d of, January 1872 Milhoan commenced his action by filing in the district court the following petition; \_Title.'] The said Thomas E. Milhoan, plaintiff, complains of said David H. Mitchell, A. Smith Devenney, and James W. Green, defendants, for that on the 19th of-December 1870 the plaintiff was the owner in fee simple of the .following described land situate in Johnson county, to-wit: [describes 130 acres of land;] and that he the said plaintiff, being the head of a family, did then occupy and keep the said land and tenements as his.homestead;…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action to set aside a certain order of the district court; claimed to be void, and for the *625recovery of certain moneys'belonging to the defendant in error, formerly in the hands of the sheriff, but paid over by the sheriff .to the plaintiffs in error in pursuance of said order of the district court. The judgment below was in favor of Milhoan, plaintiff below, and the defendants below bring the case to this court.
At the commencement of the trial in the court below a question was raised by the defendants as to the sufficiency, of…
2Cases cited15 opinions
- Laithe v. McDonaldSupreme Court of Kansas · 1871
- Missouri Valley R. R. v. CaldwellSupreme Court of Kansas · 1871
- Fitzpatrick v. GebhartSupreme Court of Kansas · 1871
- Zane v. ZaneSupreme Court of Kansas · 1869
- Pearson v. MinturnSupreme Court of Iowa · 1864
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3Cited by49 opinions
- Hogan v. BaileySupreme Court of Oklahoma · 1910
- Nesbit v. HinesSupreme Court of Kansas · 1876
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- Emery v. BennettSupreme Court of Kansas · 1916
- Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
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