Greer v. Higgins
Supreme Court of Kansas
Error from Shawnee District Court. Ejectment, brought by John P. Creer and M. D. Moore, against Higgvns, for 160 acres of land. The case was tried at the June Term, 1869. Both parties claimed by deed from Manfred Stafford. The principal questions below, and here, are as to the competency of certain testimony, and its effect upon the rights of the plaintiffs. The facts are stated in the opinion.
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Error from Shawnee District Court. Ejectment, brought by John P. Creer and M. D. Moore, against Higgvns, for 160 acres of land. The case was tried at the June Term, 1869. Both parties claimed by deed from Manfred Stafford. The principal questions below, and here, are as to the competency of certain testimony, and its effect upon the rights of the plaintiffs. The facts are stated in the opinion. Judgment was given for Higgvns, and plaintiffs bring the case here for review. 1. Higgins lived on the land a year or more before the date of his deed, and there was no change in the character or mode…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
The plaintiffs in error brought this action to recover a quarter-section of land in Shawnee county. The plaintiffs in error and defendant both claim as grantees under one Manfred Stafford. The plaintiffs in error claim by deed dated August 16th, 1859, recorded the same day. The defendant in error claims by deed dated July 4,1859, but not recorded until Aug. 20th, 1859.
The defendant’s testimony tended to show that he was in possession under his unrecorded deed at the time of the purchase of plaintiffs, and that the possession was such as…
2Cases cited5 opinions
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- Wiswall & Price v. McGownNew York Supreme Court · 1848
- Strong v. WhiteNew York Supreme Court · 1812
3Cited by10 opinions
- Ayres v. ProbascoSupreme Court of Kansas · 1875
- Thiessen v. WeberSupreme Court of Kansas · 1929
- Greer v. HigginsSupreme Court of Kansas · 1878
- Despain v. Pacific Mutual Life InsuranceSupreme Court of Kansas · 1910
- Hardten v. StateSupreme Court of Kansas · 1884
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