Tucker v. Allen
Supreme Court of Kansas
Error from Linn District Court. Ejectment, brought by Allen as plaintiff, to recover possession of Lot 5 in Block 129, city of Pleasanton. Both parties claimed title in fee. The facts are fully set out in the opinion. The district court, at the May Term 1874, found in favor of Allen, and gave judgment in his favor, and Tucker, defendant, appeals, and brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an an action in the nature of an action of ejectment, brought by Stephen H. Allen, defendant in error, (plaintiff below,) against E. M. Tucker. The action was tried by the court below without a jury, on the following agreed statement of facts, to-wit:
1st. The land in dispute has a common title in Morgan Fickes, under whom both parties claim.
2d. The title of plaintiff Allen is a quitclaim deed from Fickes and wife, dated September 21st 1870, a copy of which is herewith presented, together with the register of deed’s certificate of…
2Cases cited12 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- St. Joseph & Denver City Rld. v. RyanSupreme Court of Kansas · 1873
- Knaggs v. MastinSupreme Court of Kansas · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Abercrombie v. SimmonsSupreme Court of Kansas · 1905
- Kelsa v. GravesSupreme Court of Kansas · 1902
- Wilkins v. TourtellottSupreme Court of Kansas · 1882
- Brake v. BallouSupreme Court of Kansas · 1877
- Zeitlow v. ZeitlowSupreme Court of Kansas · 1911
16 more not listed; retrieve them via the Exa API.