Smith v. Auld
Supreme Court of Kansas
Error from, Atchison District Court, The nature of this action, and the facts, are stated in the opinion. At the December Term, 1882, defendants Auld and two others recovered a judgment for $72.98 costs against plaintiff Smith, who brings it here for review.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The question in this case is one of res adjudicata. The facts are these: On June 24,1873, plaintiff brought a certain action in the district court of Atchison county against George Scarborough, David Auld, and W. R. Stebbins. The petition alleged that plaintiff was the owner and entitled to the possession of the undivided half of certain real estate in Atchison city; that while entitled to the possession, he had in fact been deprived of it for several years by defendants. It alleged that Scarborough was the owner of the other undivided half;…
2Cases cited13 opinions
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Gray v. DoughertyCalifornia Supreme Court · 1864
- Walden v. BodleySupreme Court of the United States · 1840
- Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
- Merritt v. CampbellCalifornia Supreme Court · 1874
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3Cited by23 opinions
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- Kleinschmidt v. BinzelMontana Supreme Court · 1894
- State v. McNeilWashington Supreme Court · 1931
- Harris & Cole Bros. v. Columbia Water & Light Co.Tennessee Supreme Court · 1904
- Lodge v. Order of United Commercial Travelers of AmericaSupreme Court of Kansas · 1928
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