Butler v. Kaulback
Supreme Court of Kansas
Error from Brown District Oou/rt. Ejectment, brought by KcmZbach as plaintiff under § 595 of tbe code. Butler answered to the petition, setting up two defenses: Eirst, a general denial. Second, that the plaintiff KcmZbach was the original owner of the property in controversy; that defendant máde application to him by letter to purchase it; that KcmZbach answered by letter as follows: “ Townsend, August 30, 1868. “E. B. Butler, Sir.' Your letter of Aug. 12th is received.
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Error from Brown District Oou/rt. Ejectment, brought by KcmZbach as plaintiff under § 595 of tbe code. Butler answered to the petition, setting up two defenses: Eirst, a general denial. Second, that the plaintiff KcmZbach was the original owner of the property in controversy; that defendant máde application to him by letter to purchase it; that KcmZbach answered by letter as follows: “ Townsend, August 30, 1868. “E. B. Butler, Sir.' Your letter of Aug. 12th is received. In answer will say that what arrangements you can make with Mi1. Giles Chipman, of Undunda, will be satisfactory to me.…
1Opinion of the Court
The opinion of the court was delivered by
Yalentine, J.:
Two questions are presented to us for our consideration. First, Did the burden of proof under the pleadings rest upon the defendant? Second, Did the answer of the defendant state facts sufficient to constitute a defense to *671plaintiff’s action? Both of these questions must be answered in the affirmative. The first in substance has already been decided in this court in the case of Wiley v. Keokuk, 6 Kas., 94, 105, and we do not now choose to consider the question as a new or open one. (But see Perkins v. Ermel, 2 Kas., 325, 330.) Sustaining…
2Cases cited18 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- Wiley v. KeokukSupreme Court of Kansas · 1870
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Baldwin v. Bank of NewburySupreme Court of the United States · 1864
- Nudd v. ThompsonCalifornia Supreme Court · 1867
13 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Conwill v. EldridgeSupreme Court of Oklahoma · 1918
- Gilchrist v. SchmidlingSupreme Court of Kansas · 1873
- Germania Fire Ins. Co. v. BarringerSupreme Court of Oklahoma · 1914
- Fetzer & Co. v. WilliamsSupreme Court of Kansas · 1909
- Wright v. BachellerSupreme Court of Kansas · 1876
28 more not listed; retrieve them via the Exa API.