Reed v. Hazleton
Supreme Court of Kansas
Error from Ottawa District Court. Plaintiff in error, plaintiff below, brought this action for the recovery of eighty acres of land in Ottawa county. In his petition he alleged that he was the executor of the last will of Henry Ricket, that by the terms of said will he was to sell the land in controversy, and that defendant wrongfully kept him out of possession of the same.
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Error from Ottawa District Court. Plaintiff in error, plaintiff below, brought this action for the recovery of eighty acres of land in Ottawa county. In his petition he alleged that he was the executor of the last will of Henry Ricket, that by the terms of said will he was to sell the land in controversy, and that defendant wrongfully kept him out of possession of the same. The defendant, in his answer, claimed title to the land under the following contract : “article oe agreement. “State oe Kansas, Dickinson County, ss. — March8, 1883. — This agreement, made by and between Henry Ricket and…
1Opinion of the Court
Opinion by
Holt, C.:
The plaintiff in error complains, first, that the court was not authorized to make certain findings of fact under the pleadings in the case which were made; and second, that the findings of fact were not sufficient to authorize the conclusions of law and the judgment of the court. The question to be decided in this case is, whether the writing-signed by Henry Ricket and John Hazleton, called an article of agreement, is in reality a contract, or an instrument testamentary in its character. If it is a contract so far as it relates to the land in dispute, then the judgment of…
2Cases cited4 opinions
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Burlington University v. BarrettSupreme Court of Iowa · 1867
- Sperber v. BalsterSupreme Court of Georgia · 1881
- McKinney v. SettlesSupreme Court of Missouri · 1862
3Cited by29 opinions
- Merrill v. BoalSupreme Court of Rhode Island · 1926
- Durand v. HigginsSupreme Court of Kansas · 1903
- Lampe v. WilleSupreme Court of Kansas · 1947
- Heaston v. KriegIndiana Supreme Court · 1906
- Hazleton v. ReedSupreme Court of Kansas · 1891
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