Chantland v. Midland National Bank
Supreme Court of Kansas
Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. This was an action in ejectment, brought by the Midland National Bank against Chantland and others to recover the possession of two pieces of real estate, one a tract of farming land of about fifty-five acres, hereafter designated as the “farm,” and the other known as the “opera-house” property, within the limits of Kansas City, Kan.
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Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. This was an action in ejectment, brought by the Midland National Bank against Chantland and others to recover the possession of two pieces of real estate, one a tract of farming land of about fifty-five acres, hereafter designated as the “farm,” and the other known as the “opera-house” property, within the limits of Kansas City, Kan. The petition alleged that the bank was the legal and equitable owner of both pieces of propery (describing them) ; that it was entitled to the immediate possession of the same ; and…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
I. Wé are clearly of the opinion that the bank cannot recover the farm property from the plaintiff in error in an action of ejectment. The attachment proceedings which preceded and led up to the sheriff’s deed under which the bank claims title were against Hans Hanson alone. The title to the property never rested in him. Hans Hanson bought in the property at sheriff’s sale under foreclosure proceedings against the Clarks, and caused the sheriff to convey the Clarks’ title to Neis Hanson. Whatever was paid for the land at this sale was paid…
2Cases cited4 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Morgan v. FieldSupreme Court of Kansas · 1886
- Miner v. LaneWisconsin Supreme Court · 1894
3Cited by3 opinions
- Poole v. FrenchSupreme Court of Kansas · 1905
- Citizens State Bank v. FairchildsSupreme Court of Kansas · 1940
- Keilly v. SeversonWisconsin Supreme Court · 1912