Topeka Water-Supply Co. v. Root
Supreme Court of Kansas
Error from Shawnee District Court. This action was brought by H. C. Root, as plaintiff, to compel The Topeka Water-Supply Company to convey to him the undivided one-half of lot 5, of section 30, township 11, range 16, in Shawnee county. This lot was purchased by Hugo Felitz in 1877, and was occupied by himself and family as a residence from that time until the trial of this action.
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Error from Shawnee District Court. This action was brought by H. C. Root, as plaintiff, to compel The Topeka Water-Supply Company to convey to him the undivided one-half of lot 5, of section 30, township 11, range 16, in Shawnee county. This lot was purchased by Hugo Felitz in 1877, and was occupied by himself and family as a residence from that time until the trial of this action. On October 1, 1878, Catherine, wife of said Hugo Felitz, was adjudged to be insane, and on October 8 she was placed in the asylum at Osawatomie. No guardian, however,, of her person or estate was appointed, nor was…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.: Many questions are presented by the record in this case, and ably argued by counsel on both sides. Some of them we answer with much difficulty, and without entire freedom from doubt. The questions will be considered in the order in which they are discussed in the brief for plaintiff in error.
I. It is objected that there is a defect of parties, that Hugo and Catherine Felitz are necessary parties to this action, and that no decree for a specific performance can be rendered without their presence. The title which the plaintiff sought to have…
Also in this document: Concurrence.
2Cases cited16 opinions
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Elston v. JasperTexas Supreme Court · 1876
- Schroeder v. GemeinderNevada Supreme Court · 1875
- Perkins v. HadsellIllinois Supreme Court · 1869
- Duvall v. MyersHigh Court of Chancery of Maryland · 1850
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3Cited by17 opinions
- Zelleken v. LynchSupreme Court of Kansas · 1909
- Waddy v. GrimesSupreme Court of Virginia · 1930
- Turley v. ThomasNevada Supreme Court · 1909
- Fourth National Bank v. DiverSupreme Court of Kansas · 1930
- Golden v. ClaudelSupreme Court of Kansas · 1911
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