Pilcher v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from, Johnson District Court. Ejectment, brought by Pilcher against the Railroad Company. A trial was had at the March Term, 1884, resulting in a judgment for defendant, which was reversed by this court. (34 Kas. 46.) Another trial was had, at the March Term, 1886, and judgment for costs rendered against plaintiff. The trial was by court, Hon. S. B., judge pro tern., presiding.
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Error from, Johnson District Court. Ejectment, brought by Pilcher against the Railroad Company. A trial was had at the March Term, 1884, resulting in a judgment for defendant, which was reversed by this court. (34 Kas. 46.) Another trial was had, at the March Term, 1886, and judgment for costs rendered against plaintiff. The trial was by court, Hon. S. B., judge pro tern., presiding. The court made the following special findings of fact: “1. Both plaintiff and defendant claim title from Thomas Pilcher, now deceased. “ 2. In his lifetime the said Thomas Pilcher was the husband of this…
1Opinion of the Court
*519Opinion by
Simpson, C.:
The plaintiff in error has continuously resided upon the land which is the subject-matter of this controversy, since the year 1868. Her husband, in whom the title vested, died in 1879, leaving by will the plaintiff in error, at least a life estate in this land. She has claimed and does claim it as her homestead, and further claims that by force of her homestead rights the defendant railway company never acquired any easement therein, and she brought her action in ejectment to recover that portion occupied and used by the railway company. Counsel for defendant in error…
2Cases cited18 opinions
- Morris v. WardSupreme Court of Kansas · 1869
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Beach v. MillerIllinois Supreme Court · 1869
- Kellogg v. IngersollMassachusetts Supreme Judicial Court · 1806
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3Cited by20 opinions
- Durand v. HigginsSupreme Court of Kansas · 1903
- Matney v. LinnSupreme Court of Kansas · 1898
- Alton Mercantile Co. v. SpindelSupreme Court of Oklahoma · 1914
- Withers v. LoveSupreme Court of Kansas · 1905
- Eakin v. WycoffSupreme Court of Kansas · 1925
15 more not listed; retrieve them via the Exa API.