Legal Opinion

Randal v. Elder

Supreme Court of Kansas

Decided July 15, 1873PublishedCited by 18 opinions

Error from Franlclin District Court. Action by Randal, under § 594 of the code, to determine the adverse estate or interest of Elder in lots 1, 3, 5 and 7 in block 32 in the city of Ottawa. In 1864 the Ottawa Town Company sold to Randal lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, in said block 32, which, at that time, had been surveyed and staked off, but its plat had hot yet been filed of record.

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Error from Franlclin District Court. Action by Randal, under § 594 of the code, to determine the adverse estate or interest of Elder in lots 1, 3, 5 and 7 in block 32 in the city of Ottawa. In 1864 the Ottawa Town Company sold to Randal lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, in said block 32, which, at that time, had been surveyed and staked off, but its plat had hot yet been filed of record. A twenty-foot alley runs through the block — the odd-numbered lots being on one side of the alley, and the even-numbered lots on the other. Randal at once inclosed the lots and alley-between in one…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

i.Homestead; one "body, or tract. The only question involved in this case is, whether a debtor can under any circumstances hold as a homestead, under the homestead exemption laws, two or more lots or pieces or parcels of land situated within an incorporated town or city when such lots, pieces or parcels of land are separated by an alley. We must answer this question in the negative. A homestead must consist of only 0 J one tract or body of land. (Bunker v. Locke, 15 Wis., 638; True v. Morrill, 28 Vt., 672; Walters v. The People, 18 Ill.,…

2Cases cited6 opinions

  1. Atchison & Nebraska Railroad v. GarsideSupreme Court of Kansas · 1873
  2. Comm'rs of Franklin Co. v. LathropSupreme Court of Kansas · 1872
  3. True v. Estate of MorrillSupreme Court of Vermont · 1856
  4. Walters v. PeopleIllinois Supreme Court · 1856
  5. Kresin v. MauSupreme Court of Minnesota · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
  2. Clark v. CoxSupreme Court of Florida · 1920
  3. Shone v. BellmoreSupreme Court of Florida · 1918
  4. Smith v. City of LeavenworthSupreme Court of Kansas · 1875
  5. State Ex Rel. Hawks v. City of TopekaSupreme Court of Kansas · 1953

13 more not listed; retrieve them via the Exa API.

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