Ewing v. Baldwin
Supreme Court of Kansas
Error from Nemaha District Court. Action brought by Ewing against Baldwin and another, to recover a certain tract of school land. The facts are stated in the opinion. Trial at the October Term, 1879, of the district court, and judgment for the defendants. Ewing brings the case here.
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Error from Nemaha District Court. Action brought by Ewing against Baldwin and another, to recover a certain tract of school land. The facts are stated in the opinion. Trial at the October Term, 1879, of the district court, and judgment for the defendants. Ewing brings the case here. The proposition is beyond question, that under a forfeited contract, neither party can enforce a legal claim against the other; and equally so, that after forfeiture, either party, by express terms, or by the acceptance of the full benefits to be derived therefrom, may waive such forfeiture, and thereby the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This case comes into this court for review of the decision and judgment of the district court of Nemaha county, upon a demurrer to the petition of plaintiff, which was sustained, and judgment forthwith thereon rendered for defendants.
The petition shows that Ewing, as assignee of Potter, held a school-land-sale certificate dated November 20, 1867, for 160 acres of land; that Potter went into possession and made permanent improvements upon said land, and thereafter, until February 20, 1878, plaintiff was in possession, and had so improved said…
2Cases cited3 opinions
- State v. EmmertSupreme Court of Kansas · 1878
- Hoffmire v. RiceSupreme Court of Kansas · 1879
- Morrill v. DouglassSupreme Court of Kansas · 1876
3Cited by6 opinions
- Baker v. NewlandSupreme Court of Kansas · 1881
- Reynolds v. ReynoldsSupreme Court of Kansas · 1883
- Robertson v. LowOregon Supreme Court · 1904
- Duff v. PenickSupreme Court of Kansas · 1933
- Himes v. GarmonSupreme Court of Kansas · 1915
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