Alexander v. Touhy
Supreme Court of Kansas
Error from Leavenworth District Court. Alexander brought suit against William C. Eagles, J. P. Touhy, and Alexander Repine, as defendants, to recover certain moneys alleged to be due under a lease from Atezander to Eagles, to replevy certain personal property, and to enjoin Touhy from removing from the leased premises a certain building erected thereon by Eagles, the lessee, and sold to him by Eagles. To this petition Touhy demurred.
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Error from Leavenworth District Court. Alexander brought suit against William C. Eagles, J. P. Touhy, and Alexander Repine, as defendants, to recover certain moneys alleged to be due under a lease from Atezander to Eagles, to replevy certain personal property, and to enjoin Touhy from removing from the leased premises a certain building erected thereon by Eagles, the lessee, and sold to him by Eagles. To this petition Touhy demurred. At the May Term 1873 the district court sustained said demurrer on the ground that said petition does not state facts sufficient to constitute a cause of action,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The plaintiff Alexander leased to William C. Eagles two' certain „ lots in Leavenworth city for the term of seven years commencing on July 1st, 1866. • Eagles covenanted to pay certain rent, to set out and take care of certain trees, and to pay all taxes that might be levied on the improvements made by himself. The following stipulations are contained in said lease, to-wit:
“And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said…
2Cited by8 opinions
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- Central Branch Railroad v. FritzSupreme Court of Kansas · 1878
- Gafford Lumber & Grain Co. v. EavesSupreme Court of Kansas · 1923
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