Maddox v. Burnham
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OE KANSAS. This case resembles the preceding in so far as the legal title is concerned. The action was commenced in the District Court of Allen County, Kansas, by a grantee from the railway company. In that court judgment was rendered in favor of the defendant, which judgment was afterwards reversed by the Supreme Court of the State, and judgment ordered in favor of the plaintiff for the possession of the land in controversy.
1Opinion of the CourtJustice Brewer
The only thing distinguishing this case from the preceding and calling for any comment is the equitable claim which the defendant presents. It appears from the testimony that the defendant moved upon the land in October, 1866, but made no attempt to enter it as a homestead until the succeeding spring, and after the withdrawals had been ordered by the Secretary of the Interior. In support of his claim the defendant called as a witness his father-in-law, who, after stating that defendant and himself went upon the tracts, on which they still resided, somewhere’about the 20th of October, 1866,…
2Cited by23 opinions
- Whitney v. TaylorSupreme Court of the United States · 1895
- Nelson v. Northern Pacific Railway Co.Supreme Court of the United States · 1903
- Northern Pacific Railroad v. ColburnSupreme Court of the United States · 1896
- Russian-American Packing Co. v. United StatesSupreme Court of the United States · 1905
- St. Paul, Minneapolis & Manitoba Railway Co. v. DonohueSupreme Court of the United States · 1908
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