Smith v. Kimball
Supreme Court of Kansas
Error from Lyon District Court. Action brought by Kimball against Smith, to recover possession of certain land in Lyon county, of which the plaintiff alleged that he was both the legal and equitable owner, and entitled to the immediate possession thereof. . The answer contained a general denial of all the allegations of the petition, except that the defendant kept the plaintiff out of possession of the land in controversy.
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Error from Lyon District Court. Action brought by Kimball against Smith, to recover possession of certain land in Lyon county, of which the plaintiff alleged that he was both the legal and equitable owner, and entitled to the immediate possession thereof. . The answer contained a general denial of all the allegations of the petition, except that the defendant kept the plaintiff out of possession of the land in controversy. Trial, by the court at the September Term, 1884, a jury being waived. The court made findings of fact and a conclusion of law, as follows: “FINDINGS OF FACT. “1. On the…
1Opinion of the Court
Opinion' by
Simpson, C.:
The plaintiff in error, F. E. Smith, purchased the land at a sheriff’s sale, on the 1st day of March, 1875. This sale was made by the sheriff of Lyon county, by virtue of an execution to him directed from the district court of Leavenworth county, in a case wherein Edward Carroll was plaintiff and T. H. Walker and others were defendants. Carroll had recovered a j udgment against Walicer, and execution had been issued, the land levied upon, appraised, *483advertised, and sold to plaintiff in error. At the time of the purchase by Smith, the plaintiff in error, there was…
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