Ortman v. Giles
Supreme Court of Kansas
Error from Shawnee District Court. Action brought by Ortman to quiet his title to a certain, lot in the city of Topeka.' The case was tried before A. L. W., judge pro tern., at the June Term 1869. The lot in controversy has a frontage of twenty-five feet on Kansas avenue, and is described in plaintiff’s petition as “Lot 169.” The court found as conclusion of law that Ortman was entitled to the north twenty feet of the lot, and that Giles’ claim to that portion of the lot was…
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Error from Shawnee District Court. Action brought by Ortman to quiet his title to a certain, lot in the city of Topeka.' The case was tried before A. L. W., judge pro tern., at the June Term 1869. The lot in controversy has a frontage of twenty-five feet on Kansas avenue, and is described in plaintiff’s petition as “Lot 169.” The court found as conclusion of law that Ortman was entitled to the north twenty feet of the lot, and that Giles’ claim to that portion of the lot was void. Giles claimed under a tax deed which described the whole lot. The nature of plaintiff’s claim, the facts as found…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*3261. Practice: reviewing testimony and findings. „ , , 2. Other facts will ^appellate c°un. *325Plaintiff sued defendant in the district court, ¡alleging that he was the owner and in possession of lot No. *326169, Kansas avenue, city of Topeka; that defendant claimed, some title thereto, which claim plaintiff sought to have; adjudged void. The case was tried by a judge pro tem.,, without a jury. Special findings of fact were made, and defendant’s claim to four-fifths of the lot, to wit, the north twenty feet thereof, adjudged void. Both plaintiff…
2Cited by6 opinions
- Ahren-Ott Mfg. Co. v. CondonSupreme Court of Oklahoma · 1909
- Giles v. OrtmanSupreme Court of Kansas · 1873
- James v. JacksonSupreme Court of Oklahoma · 1911
- City of Muskogee v. IrvinSupreme Court of Oklahoma · 1914
- Douglass v. ByersSupreme Court of Kansas · 1904
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