Holcomb v. Dowell
Supreme Court of Kansas
Error from, -Brown District Court. Ejectment, brought by Holcomb. Trial, and judgment for the defendant, at the February Term 1874. All necessary facts are given in the opinion. The plaintiff brings the case here.
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Error from, -Brown District Court. Ejectment, brought by Holcomb. Trial, and judgment for the defendant, at the February Term 1874. All necessary facts are given in the opinion. The plaintiff brings the case here. The district court found that the defendant is in under a contract which gives him such equities, that under the rule laid down in Courtney v. Woodworth, 9- Kas. 443, the plaintiff cannot sustain ejectment, but must sue to rescind, or file a bill to foreclose, and have his own homestead sold if Dowell does not pay. The only question is, is this the correct view of the law? In…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action of ejectment brought by the plaintiff in error, plaintiff below, for the recovery of a tract of twelve acres, in Brown county. Judgment was rendered for the defendant, and of this judgment plaintiff complains. The case was tried by the court, without a jury. Special findings of fact were made. No motion was made to set aside these findings, no exceptions taken to them, and no application for any further findings. . The errors alleged are, “that the conclusions of law are not the law of the case on the facts found; that on…
2Cases cited3 opinions
- Edwards v. FrySupreme Court of Kansas · 1872
- Courtney v. WoodworthSupreme Court of Kansas · 1872
- McGonigle v. GordonSupreme Court of Kansas · 1873
3Cited by9 opinions
- De Vitt v. City of El RenoSupreme Court of Oklahoma · 1910
- Drollinger v. CarsonSupreme Court of Kansas · 1916
- Stevens v. McDowellSupreme Court of Kansas · 1940
- Cuyahoga Metropolitan Housing Authority v. WatkinsOhio Court of Appeals · 1984
- Letzig v. RupertSupreme Court of Kansas · 1972
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