Fisher v. Krutz & Campbell
Supreme Court of Kansas
Error from, Miami District Court. This action is here for the second time. It was heard and decided in this court at the January Term 1871, in connection with the case of “Krutz and Campbell v. Alpheus Fisher,” and is reported in 8 Kas., pp. 90 to 98. (See note to, that case, page 92.) A full statement of the facts will be there found On pp. 90, 91. The action below was brought by Krutz and Campbell to establish a trust, and to require Fisher, as trustee, to execute a…
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Error from, Miami District Court. This action is here for the second time. It was heard and decided in this court at the January Term 1871, in connection with the case of “Krutz and Campbell v. Alpheus Fisher,” and is reported in 8 Kas., pp. 90 to 98. (See note to, that case, page 92.) A full statement of the facts will be there found On pp. 90, 91. The action below was brought by Krutz and Campbell to establish a trust, and to require Fisher, as trustee, to execute a conveyance to plaintiffs of certain lands in Miami county. K. and C. claimed as grantees of one Charles W. Statham; Fisher…
1Opinion of the Court
‘The opinion of the court was delivered by
Kingman, C. J.:
The facts found by the court seem to be .■sustained by the evidence. It is true that the evidence that •George Fisher was the agent of Statham, is not conclusive, but it is unimpeachcd and uncontradicted; and one cannot iread it without coming to the conclusion that he was such •.agent, when he took the tax certificate. Witnesses do not .always make those nice and refined distinctions in the terms they use, that characterize writers upon mental science, and .seem to be so familiar to counsel. Still they'have made their meaning…
2Cases cited3 opinions
- Johnson v. DaverneNew York Supreme Court · 1821
- Streeter v. PoorSupreme Court of Kansas · 1868
- Denniston v. ImbrieU.S. Circuit Court for the District of Pennsylvania · 1818
3Cited by7 opinions
- Freeto v. State Highway CommissionSupreme Court of Kansas · 1946
- Mapes v. FosterWyoming Supreme Court · 1928
- Montgomery v. HenrySupreme Court of Alabama · 1905
- Rodgers v. BassTexas Supreme Court · 1877
- Goodrich v. WilsonSupreme Court of Kansas · 1920
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