Kansas Pacific Railway Co. v. Dunmeyer
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OE THE STATE OE KANSAS. Suit for breach of covenant of' warranty of title to a tract of land in Kansas. Plaintiff in error was defendant below.
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IN ERROR TO THE SUPREME COURT OE THE STATE OE KANSAS. Suit for breach of covenant of' warranty of title to a tract of land in Kansas. Plaintiff in error was defendant below. Its title was derived from grants of public land to aid in the construction of a railway to the Pacific, under the acts of July T, 1862, 12 Stat. 489; July 2, 1864, 13 Stat. 356; and July 3, 1866, 14 Stat. 79. The tract was within the location of the railroad grants,' but was excepted from those grants by reason of a homestead entry, and possession. Subsequent to this entry and possession, the party so in possession took…
1Opinion of the CourtJustice Miller
This is a writ of error to the Supreme Court of Kansas.
The action was brought in that court on a covenant pf warranty of title to two pieces .of land, in a deed of conveyance made by the company to Dunmeyer. The land was sold by the company to George W. Miller, to whom a certificate of sale was given, which afterward came by assignments to Lewis Dunmeyer, to whom the company made a deed purporting to convey a good title. On this covenant for good title Dunmeyer brought the present action, alleging that the railroad company never had any title, and that- the covenant was therefore broken. On…
2Cases cited5 opinions
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Newhall v. SangerSupreme Court of the United States · 1876
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Sherman v. BuickSupreme Court of the United States · 1876
- Water and Mining Co. v. BugbeySupreme Court of the United States · 1878
3Cited by142 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Doolan v. CarrSupreme Court of the United States · 1887
- Bardon v. Northern Pacific RailroadSupreme Court of the United States · 1892
- United States v. Southern Pacific RailroadSupreme Court of the United States · 1892
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