Shoup v. Central Branch Union Pacific Railroad
Supreme Court of Kansas
Error from Jaclcson District Court. Ejectment brought by the Central Branch Union Pacific Railroad Company against John Shoup, Winfield Shoup, and Thomas H. Phillipi, to recover the possession of the southeast quarter of section number’ thirty-five, in township number five, of range number sixteen, situate in Jackson county. The petition was filed April 12, 1878, and alleged that the plaintiff was the owner of the land in fee. John Shoup filed a general denial.
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Error from Jaclcson District Court. Ejectment brought by the Central Branch Union Pacific Railroad Company against John Shoup, Winfield Shoup, and Thomas H. Phillipi, to recover the possession of the southeast quarter of section number’ thirty-five, in township number five, of range number sixteen, situate in Jackson county. The petition was filed April 12, 1878, and alleged that the plaintiff was the owner of the land in fee. John Shoup filed a general denial. Winfield Shoup denied that the plaintiff was seized in fee of the land and Thomas H. Phillipi, in his answer, denied title in the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The trial court adjudged that the railroad company was the owner in fee of the premises in controversy at the commencement of this action, but required the company to pay to Phillipi, taxes, interest and costs amounting to $367.28, before it should be let into possession. Both parties are dissatisfied with the judgment. Plaintiffs in error claim that the tax deed of June 26, 1877, vested in Charles L. Flint an absolute estate in fee to the land; that such title was transferred by Flint to John Shoup on January 18, 1878, and from Shoup to…
2Cases cited5 opinions
- Robinson v. HoweWisconsin Supreme Court · 1861
- Wright v. SperryWisconsin Supreme Court · 1867
- Weichselbaum v. CurlettSupreme Court of Kansas · 1878
- Wright v. SperryWisconsin Supreme Court · 1870
- Perley v. TaylorSupreme Court of Arkansas · 1879
3Cited by12 opinions
- Central Branch Union Pacific Railroad v. ShoupSupreme Court of Kansas · 1882
- Hill v. GrahamMichigan Supreme Court · 1888
- Mining v. Territory of ArizonaArizona Supreme Court · 1906
- Head v. SuttonSupreme Court of Kansas · 1884
- Long v. WolfSupreme Court of Kansas · 1881
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