Legal Opinion

Whetstone v. Ottawa University

Supreme Court of Kansas

Decided July 15, 1874PublishedCited by 13 opinions

Error from Franklin District Cowrt. Action to compel specific performance of a contract to convey certain lots of land, brought by The Ottawa University as plaintiff, against The Board off County Commissioners of the County of Franklin, John H. Whetstone, W. T. Pickrell, Levi C. "Wasson, George S. Holt, J. L. Hawkins, W. ~W. Boiler, The Ottawa Town Company, and Bobert Atkinson, as defendants.

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Error from Franklin District Cowrt. Action to compel specific performance of a contract to convey certain lots of land, brought by The Ottawa University as plaintiff, against The Board off County Commissioners of the County of Franklin, John H. Whetstone, W. T. Pickrell, Levi C. "Wasson, George S. Holt, J. L. Hawkins, W. ~W. Boiler, The Ottawa Town Company, and Bobert Atkinson, as defendants. The Board of County Commissioners, the Ottawa Town Company, and Whetstone, answered. The other defendants made default. The action was tried at the March Term 1873 of the district court. The findings of…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The findings of facts made by the court below on the trial of this action are as follows:

1st, That the plaintiff, the Ottawa University, and the defendants, the Board-of County Commissioners of the county of Franklin, and the Ottawa Town Company, are each corporations, created under the laws of the state of Kansas.

2d, The board of county commissioners of the county of Franklin, by deed, with full covenants, executed by the Ottawa Town Company, were seized of a good, absolute and indefeasible estate, in fee simple of and in all and singular,…

2Cases cited1 opinion

  1. Waynick v. RichmondSupreme Court of Kansas · 1873

3Cited by13 opinions

  1. Ellerman v. Chicago Junction Railways & Union Stockyards Co.New Jersey Court of Chancery · 1891
  2. Corning Glass Works v. LucasCourt of Appeals for the D.C. Circuit · 1929
  3. Tod v. Kentucky Union Land Co.U.S. Circuit Court for the District of Kentucky · 1893
  4. Marbury v. Kentucky Union Land Co.Court of Appeals for the Sixth Circuit · 1894
  5. State ex rel. Boynton v. Wheat Farming Co.Supreme Court of Kansas · 1933

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