Swartzel v. Rogers
Supreme Court of Kansas
Error from Wyandotte County. This was a petition to the District Court of Wyandotte county, for a partition of real estate situate in the “ Shawnee Reservation55 by treaties of 1851, in that county. The record shows that it was agreed that the lands described in the petition, of which partition was asked, “ were duly patented to Capt. Joseph Parks, who was a Shawnee Indian, and that the parties to the action claiming through Parks, are all Shawnees.
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Error from Wyandotte County. This was a petition to the District Court of Wyandotte county, for a partition of real estate situate in the “ Shawnee Reservation55 by treaties of 1851, in that county. The record shows that it was agreed that the lands described in the petition, of which partition was asked, “ were duly patented to Capt. Joseph Parks, who was a Shawnee Indian, and that the parties to the action claiming through Parks, are all Shawnees. Evidence was introduced tending to show a marriage between the mother of plaintiff' and Joseph Parks, which was also contradicted by other…
1Opinion of the Court
By the Court,
Orozier, C. J.
Three reasons are assigned in the argument for reversing the judgment of the court below: First. The court had no jurisdiction of the parties or subject matter. Second. The motion for a new trial ought to have been sustained. Third. The demand of another trial ought to have been allowed.
*377I. The question of jurisdiction does not seem to have been presented to or passed upon by the court below. It is raised here for the first time. The record does not contain the patent issued to Joseph Parks, the ancestor, for the lánds in controversy; nor does it appear that he had…
2Cited by18 opinions
- Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
- Bem-Way-Bin-Ness v. EshelbySupreme Court of Minnesota · 1902
- Main v. PayneSupreme Court of Kansas · 1877
- Bird v. WinyerWashington Supreme Court · 1901
- Carson, Pirie, Scott & Co. v. C. M. Henderson & Co.Supreme Court of Kansas · 1885
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