Legal Opinion

Jenkins v. Dewey

Supreme Court of Kansas

Decided January 15, 1892PublishedCited by 4 opinions

Error from, Bourbon District Court. Action to quiet title. Judgment for plaintiff, Dewey, at the May term, 1889. The plaintiff, Jenkins, comes to this court.

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Error from, Bourbon District Court. Action to quiet title. Judgment for plaintiff, Dewey, at the May term, 1889. The plaintiff, Jenkins, comes to this court. Under §§8 and 28, chapter 33, General Statutes of 1889, plaintiff in error would be entitled to one-half the land in controversy unless he is barred by some statute of limitations, or is estopped from asserting his claim to the same. 1. Is plaintiff in error barred by any statute of limitations? The court below held that he was, by ¶4 of § 16, chapter 80, General Statutes of 1889. This section did not and could not begin to run against…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This action was brought by Reuben L. Dewey to quiet his title to a tract of land in Bourbon county, as against Albert G. Jenkins, who claimed an interest in the same. Judgment was given in favor of Dewey, and the question presented for review arises upon the facts stated in his petition. The averments of the petition substantially show that on October 1, 1870, Harriet I. Jenkins, the wife of Albert G. Jenkins, was the owner of the land in controversy as of her own separate estate, and was in possession of the same by a tenant, but neither…

2Cited by4 opinions

  1. Freeman v. FunkSupreme Court of Kansas · 1911
  2. Poole v. FrenchSupreme Court of Kansas · 1910
  3. McCullough v. McCulloughSupreme Court of Kansas · 1921
  4. Murray v. MurraySupreme Court of Kansas · 1918

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