Morris v. Tracy
Supreme Court of Kansas
Error from Nemaha District Court. Hon. J. F. Thompson, Judge. This was an. action' brought by Ida M. Tracy, as plaintiff, against William. 0. Morris, Dallas Morris and Emma H. Morris, to partition certain lands belonging to the heirs of George W. Morris, deceased. The service was by publication. The land was described in the publication notice as “the southwest quarter, and the north half of the southeast quarter, of section six in township three of range twelve.”
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Error from Nemaha District Court. Hon. J. F. Thompson, Judge. This was an. action' brought by Ida M. Tracy, as plaintiff, against William. 0. Morris, Dallas Morris and Emma H. Morris, to partition certain lands belonging to the heirs of George W. Morris, deceased. The service was by publication. The land was described in the publication notice as “the southwest quarter, and the north half of the southeast quarter, of section six in township three of range twelve.” Thé answer day was February 6, 1893. March 11, 1893, the court entered an order directing partition among the parties to the suit.…
1Opinion of the CourtAllen, J.
Objection is made to the consideration of the questions raised by the plaintiffs in error, on the ground that the motions filed on August 14 were mere repetitions of those passed on on April 29 ; that no case was made preserving the testimony introduced on the first hearing, and that the order then made, overruling the motions, became a final adjudication conclusive on the parties to the action. Conceding that this contention is sound as to the motions made by Dallas and William C. Morris on August 14, the second motion of Emma H. Durham, filed before the order was made confirming the sale,…
2Cited by3 opinions
- Reitmeier v. KalinoskiDistrict Court, D. New Jersey · 1986
- Bailey v. StouterCourt of Special Appeals of Maryland · 1986
- Duncan v. JonesSupreme Court of Oklahoma · 1929