Setter v. Alvey
Supreme Court of Kansas
Error from Anderson District Cowrt. Ejectment, brought by Alvey as plaintiff, against Setter as defendant. The facts, and nature of title claimed by each party, are fully stated in the opinion, infra.
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Error from Anderson District Cowrt. Ejectment, brought by Alvey as plaintiff, against Setter as defendant. The facts, and nature of title claimed by each party, are fully stated in the opinion, infra. The case was tried before W. S. as referee, who found, “ as matters of law, that said plaintiff has a valid legal and equitable title to the premises in dispute, having derived his title from G. W. Iler, chairman of the board of trustees of the town of Garnett, without any notice, either actual or constructive, to plaintiff’s grantor, of the previous deed given by the said Iler to the board of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*159 1. parties m equal fault,
*160 2.No remedy for either party.
3 Town-sitc* touoneenotan oocupant.
*158This was an action of ejectment for half a town lot in Garnett. The facts are these: In October 1861 the town-site of Garnett was preempted by G. W. Ilei;, chair*159man of the board of trustees, for the use and benefit of the occupants, and patent issued June 1st 1863. On April 11th 1862, Iler conveyed the lot in controversy to the commissioners of Anderson county. This deed was not recorded until November 30th 1863. On April 14th 1863, Iler also conveyed…
2Cited by16 opinions
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Branham v. StallingsSupreme Court of Colorado · 1895
- Roddy v. Hill Packing Co.Supreme Court of Kansas · 1943
- Melton v. PrickettSupreme Court of Kansas · 1969
- Western Union Telegraph Co. v. Union Pacific Railway Co.United States Circuit Court · 1880
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