Meskimen v. Day
Supreme Court of Kansas
Error from, Pottawatomie District Court. Oliver Meskimen and Mary Meskimen brought their action against Moses Day, and alleged in their petition as follows : “ The said plaintiffs have a legal estate in and are entitled to the possession of the following real estate, situate in the county of Pottawatomie, state of Kansas, and described as follows, to wit: The northeast quarter of the southeast quarter of section thirty-three, in township seven, of range eleven east,…
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Error from, Pottawatomie District Court. Oliver Meskimen and Mary Meskimen brought their action against Moses Day, and alleged in their petition as follows : “ The said plaintiffs have a legal estate in and are entitled to the possession of the following real estate, situate in the county of Pottawatomie, state of Kansas, and described as follows, to wit: The northeast quarter of the southeast quarter of section thirty-three, in township seven, of range eleven east, containing forty acres of land; and that the defendant unlawfully keeps said plaintiffs out of the possession of the same. “…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action in the nature of ejectment, brought by Oliver and Mary Meskimen against Moses Day, to recover forty acres of land. The defendant answered, claiming to be the legal owner of twenty-six of the forty acres, and disclaiming all title to or interest in the residue. Trial by the court, without a jury. The court rendered judgment that the plaintiffs recover two acres of the land in controversy, and decided that the other twenty-four acres belonged to the defendant. Each party was adjudged to pay its own costs. Upon the'trial,…
2Cases cited4 opinions
- Wickersham v. Chicago Zinc Co.Supreme Court of Kansas · 1877
- Simpson v. MundeeSupreme Court of Kansas · 1865
- City of Emporia v. WhittleseySupreme Court of Kansas · 1878
- Williams v. HillSupreme Court of Kansas · 1876
3Cited by8 opinions
- Stouffer v. HarlanSupreme Court of Kansas · 1903
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
- Banister v. FallisSupreme Court of Kansas · 1911
- Mattocks v. the McLain Land and Inv. Co.Supreme Court of Oklahoma · 1902
- Chisler v. ByersSupreme Court of Kansas · 1927
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