Legal Opinion

Clark v. Libbey

Supreme Court of Kansas

Decided January 15, 1875PublishedCited by 6 opinions

Error from Franklin District Court. Ejectment, brought by Clark to recover possession of 160 acres of land, to which he claimed title in fee and right of possession. Libbey denied plaintiff’s title, and claimed title in fee himself. Trial at the November’Term 1873. Findings and judgment in favor of Libbey, and plaintiff brings the case here for review. The facts are set forth in the opinion. No briefs on file.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action of ejectment for a tract of land in Franklin county. Both parties claimed title under *436the same patentee, one William Hurr, an Ottawa Indian. Defendant holds under a deed executed December 1st 1865; and the question is, whether this deed was void under art. 7 of the Ottawa treaty of 1862, (12 U. S. Stat. at Large, p. 1239.) There is no dispute, but that if this deed is void plaintiff’s title is good and he ought to recover. It was conceded that William Hurr, thé patentee, was a councilman and headman of the Ottawa Indians,…

2Cases cited1 opinion

  1. Blue-Jacket v. Commissioners of Johnson CountySupreme Court of Kansas · 1865

3Cited by6 opinions

  1. Clark v. AkersSupreme Court of Kansas · 1876
  2. Laughton v. NadeauU.S. Circuit Court for the District of Kansas · 1896
  3. Clark v. LibbeySupreme Court of Kansas · 1877
  4. Comm'rs of Franklin Co. v. PennockSupreme Court of Kansas · 1877
  5. Baldwin v. SquiresSupreme Court of Kansas · 1878

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