Kansas Pacific Rly. Co. v. McBratney
Supreme Court of Kansas
Error from, Leavenworth Distriot Court. McBratney brought ejectment against the Railway Company for 640 acres of land, alleging that he (the plaintiff) “has an equitable estate therein, and is entitled to the possession of said lands, and 'that the defendant unlawfully keeps him out of the possession thereof.” The answer contained two paragraphs.
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Error from, Leavenworth Distriot Court. McBratney brought ejectment against the Railway Company for 640 acres of land, alleging that he (the plaintiff) “has an equitable estate therein, and is entitled to the possession of said lands, and 'that the defendant unlawfully keeps him out of the possession thereof.” The answer contained two paragraphs. The first was as follows: “This defendant disclaims any and all right, title, interest and possession of the premises, piece, and parcel of land in the petition mentioned and described.” The second alleged substantially a transfer by defendant of all…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Plaintiff in error moves for a rehearing, and on that motion insists that the petition filed in the district *12court was defective in that it alleged an equitable estate without disclosing how the title was derived; and the case of Gibson v. Chouteau, 13 Wallace, 92, is cited as authority. Whatever may be the rule elsewhere, it does not seem to us there can be any question under our statute. Sec. 595 of the code, (Gen. Stat., 747,) reads: “In an action for the recovery of real property it shall be sufficient if the plaintiff state in his…
2Cited by8 opinions
- Black v. JacksonSupreme Court of the United States · 1900
- Hanlon v. McLainSupreme Court of Oklahoma · 1952
- Jones v. HollisterSupreme Court of Kansas · 1893
- Lewis v. HamiltonSupreme Court of Colorado · 1899
- Laughlin v. FarissSupreme Court of Oklahoma · 1897
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