Gemmel v. Fletcher
Supreme Court of Kansas
Error from Johnson district court; Winfield H. Sheldon, judge. STATEMENT. This suit was commenced by the defendant in error in the district court of Johnson county, July 20, 1904, for the purpose of establishing a trust upon certain real estate, and to compel conveyance thereof in compliance with such trust. Upon the trial the court made findings of fact which read: “FINDINGS OF FACT.
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Error from Johnson district court; Winfield H. Sheldon, judge. STATEMENT. This suit was commenced by the defendant in error in the district court of Johnson county, July 20, 1904, for the purpose of establishing a trust upon certain real estate, and to compel conveyance thereof in compliance with such trust. Upon the trial the court made findings of fact which read: “FINDINGS OF FACT. “ (1) The real property in controversy in this action is a part of a tract of about 33,000 acres of Shawnee Indian land in Johnson county, Kansas, known as the ‘Black Bob tract,’ the patents therefor having been…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
Numerous assignments of error are presented, .in the brief of plaintiff in error, but many of them relate to practically the'same questions, and may be considered in groups.
It is urged that the court admitted incompetent, immaterial and hearsay testimony, which is pointed out in detail by the specifications of error. The trial court recognized the fact that evidence of this kind was in the case, and during the progress of the trial some of it was stricken out; and, as to other portions, *585the statement was made by the court that it would not…
2Cases cited16 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Ransdel v. MooreIndiana Supreme Court · 1899
- Brook v. ChappellWisconsin Supreme Court · 1874
- Gilpatrick v. GliddenSupreme Judicial Court of Maine · 1888
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3Cited by21 opinions
- Estate of Draper v. Bank of America, N.A.Supreme Court of Kansas · 2009
- Lewis v. LewisSupreme Court of Kansas · 1919
- Meador v. ManloveSupreme Court of Kansas · 1916
- Smith v. NyburgSupreme Court of Kansas · 1932
- Hildebrand v. RolfSupreme Court of Colorado · 1937
16 more not listed; retrieve them via the Exa API.