Long v. Duncan
Supreme Court of Kansas
Lh'ror from Wyandotte District Court. The action below was ejectment, brought by Long as plaintiff. The fee of the land was in Long by virtue of purchase from the original patentee. The defense set up was-that Long purchased the land for ^Duncan, with Duncan’s money, (which Long loaned to Duncan,) and fraudulently took the deed in his (Long’s) own name.
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Lh'ror from Wyandotte District Court. The action below was ejectment, brought by Long as plaintiff. The fee of the land was in Long by virtue of purchase from the original patentee. The defense set up was-that Long purchased the land for ^Duncan, with Duncan’s money, (which Long loaned to Duncan,) and fraudulently took the deed in his (Long’s) own name. At the-date of such purchase Duncan was in possession of the land under a lease from one Jacob Whitecrow, who was the agent of the grantor of Long. This state of facts is relied on by the defendant to take the matter out of the statute of…
1Opinion of the Court
*297. The opinion of the court was delivered by
Kingman, C. J.:
This was an ordinary action for the recovery of land. The defense was an equitable one, alleging that the plaintiff purchased the land for the defendant, with money that plaintiff had loaned to defendant. The issues were submitted to a jury, and in the course of the trial various questions were raised which are brought to this court for review. The first error alleged is the refusal of the court to give the third instruction asked by the plaintiff, which is as follows:
“3d.-That the above points should be sustained by the party claiming…
2Cases cited3 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Blanchard v. McDougalWisconsin Supreme Court · 1858
- Knoll v. HarveyWisconsin Supreme Court · 1865
3Cited by12 opinions
- Meador v. ManloveSupreme Court of Kansas · 1916
- Livingston v. TaylorSupreme Court of Georgia · 1909
- Nash v. HarringtonSupreme Court of Kansas · 1922
- Wooddell v. AllbrechtSupreme Court of Kansas · 1909
- Kuhl v. Supreme Lodge Select Knights & LadiesSupreme Court of Oklahoma · 1907
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