Lownsberry v. Rakestraw
Supreme Court of Kansas
Error from, Neosho District Court. Ejectment, brought by Lownsberry, to recover possession of Lot No. 3, and the S.E.J of the N.W.J of section 4, in township 29 south, of range 20 east, containing 80.42 acres, in Neosho county, which plaintiff • claimed to own in fee simple.
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Error from, Neosho District Court. Ejectment, brought by Lownsberry, to recover possession of Lot No. 3, and the S.E.J of the N.W.J of section 4, in township 29 south, of range 20 east, containing 80.42 acres, in Neosho county, which plaintiff • claimed to own in fee simple. Rakestraw answered, claiming title to said lands in virtue of certain rights acquired under a settlement thereon made by him in January 1866, and a purchase made under the joint-resolution passed by congress April 10th 1869. The land in controversy is part of the Osage lands conveyed to the United States by the Treaty of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
1. owe made; when to be filed. *154should be filed within reasonable time. *153As a preliminary question, counsel for defendant in error insist that there was such a defect in the proceedings to make a case as is fatal to its validity, and that therefore there is nothing before us for examination. The case was signed May 1st 1873, but was not filed ° *1 \ with the papers in the case until July 18th 1873. This it is claimed is fatal. The law in force at the time, as claimed by counsel, reads thus: “The case and amendments shall be submitted to the…
2Cases cited1 opinion
- Wood v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1873
3Cited by7 opinions
- State v. BohanSupreme Court of Kansas · 1877
- Rathbone v. SterlingSupreme Court of Kansas · 1881
- Pierce v. MyersSupreme Court of Kansas · 1882
- Adams Royalty Co. v. FaulknerSupreme Court of Oklahoma · 1936
- State ex rel. Smith v. WadeSupreme Court of Kansas · 1929
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