Legal Opinion

Burlington, Kansas & Southwestern Railroad v. Johnson

Supreme Court of Kansas

Decided July 15, 1887PublishedCited by 13 opinions

Error from Phillips District Court. W. H. Johnson brought an action in the district court of Phillips county, alleging in substance that he was the occupant and in actual possession of a quarter-section of land in that county under the homestead laws of the United States, and which he had continuously occupied as his homestead, and had cultivated it as a farm.

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Error from Phillips District Court. W. H. Johnson brought an action in the district court of Phillips county, alleging in substance that he was the occupant and in actual possession of a quarter-section of land in that county under the homestead laws of the United States, and which he had continuously occupied as his homestead, and had cultivated it as a farm. He averred that the Burlington, Kansas & Southwestern Eailroad Company, without his consent, wrongfully entered upon and constructed a line of railroad over the land, and had wrongfully appropriated a portion thereof without in any way…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

There is but little controversy regarding the facts of this ease. Johnson entered the land as a homestead, on July 19, 1882, and he had complied with all the conditions of the act of congress respecting the acquirement of title, excepting that he had not resided on and cultivated it the full period of five- years. The improvements which he had made were of a substantial character. His residence thereon had been continuous from the time of entry, and by continuing to meet the requirements of the homestead law for about a year after the…

2Cases cited4 opinions

  1. Wilcox v. JacksonSupreme Court of the United States · 1839
  2. Witherspoon v. DuncanSupreme Court of the United States · 1867
  3. Flint & Pere Marquette Railway Co. v. GordonMichigan Supreme Court · 1879
  4. Moore v. McIntoshSupreme Court of Kansas · 1870

3Cited by13 opinions

  1. Sumner County v. Interurban Transp. Co.Tennessee Supreme Court · 1918
  2. Oregon Short Line R. R. Co. v. PfostIdaho Supreme Court · 1933
  3. Lo-Vaca Gathering Co. v. Missouri-Kansas-Texas RailroadCourt of Appeals of Texas · 1972
  4. Kelsey v. Lake Childs Co.Supreme Court of Florida · 1927
  5. Chicago, Kansas & Nebraska Railway Co. v. Van CleaveSupreme Court of Kansas · 1894

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