Ogden v. Walters
Supreme Court of Kansas
Error from Brown district court. Ogden brought ejectment against Walters to recover possession of a quarter-section of land in Brown county.
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Error from Brown district court. Ogden brought ejectment against Walters to recover possession of a quarter-section of land in Brown county. The case is stated in the opinion. * There are six questions raised by the record in this case, to-wit, [These questions are quoted in full in the opinion, infra;] and on these questions we maintain— While a deed between husband and wife was void at common law, under statutes quite similar to our law of 1859, such a conveyance has been upheld, except where creditors have directly sought to have it set aside as fraudulent. The clause of the law which…
1Opinion of the Court
"Valentine, J.
This was an action for the recovery of real property. In 1858, David A. Williams purchased the Hand in controversy from the United States, John W. Russell furnished the purchase money therefor. Afterwards Williams mortgaged .the property to Russell to secure the payment of said purchase money, but also, on the same day, deeded pne half of the property to his wife, Mary Williams. Afterwards the mortgage was foreclosed by Russell against Williams and his wife, and the land sold on the mortgage judgment to Stinson & Havens to satisfy said judgment. Afterwards, on the nineteenth of…
Also in this document: Concurrence.
2Cases cited11 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Myers v. CroftSupreme Court of the United States · 1872
- Cargill v. PowerMichigan Supreme Court · 1850
- Jenkins v. ParkhillIndiana Supreme Court · 1865
- Blake v. BlakeSupreme Court of Iowa · 1858
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3Cited by5 opinions
- Comm'rs of Leavenworth Co. v. HigginbothamSupreme Court of Kansas · 1876
- Core v. SmithSupreme Court of Oklahoma · 1909
- Pierce v. ButtersSupreme Court of Arkansas · 1878
- Haynes v. CowenSupreme Court of Kansas · 1875
- Watkins v. GlennSupreme Court of Kansas · 1895