Leavitt v. Files
Supreme Court of Kansas
Error from Bourbon District Court. On November 13, 1884, the plaintiff in error, who was plaintiff below, filed a petition in the district court of Bourbon county, alleging: “Under and by virtue oí proceedings commenced in the probate court of Bourbon county, Kansas, one John H. Leavitt, who in that proceeding was called Holland Leavitt, was on the 16th day of May, 1884, by the verdict of a jury impaneled to try that issue, declared an insane person and incapable of managing…
Read the full summary
Error from Bourbon District Court. On November 13, 1884, the plaintiff in error, who was plaintiff below, filed a petition in the district court of Bourbon county, alleging: “Under and by virtue oí proceedings commenced in the probate court of Bourbon county, Kansas, one John H. Leavitt, who in that proceeding was called Holland Leavitt, was on the 16th day of May, 1884, by the verdict of a jury impaneled to try that issue, declared an insane person and incapable of managing his affairs. This plaintiff was thereupon by said court appointed guardian of the person and estate of the said John H.…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
According to the allegations of the petition, the plaintiff was not entitled to the relief prayed for. He does not ask to set aside the contract and the proceedings under which the defendant obtained the land, but he virtually seeks a confirmation of these by asking for the difference between the price paid by the defendant for the land at the judicial sale, and the sum which it is alleged to have been then actually worth. From the allegation concerning the bona fide character of the indebtedness, we must assume that the original…
2Cases cited1 opinion
- Gribben v. MaxwellSupreme Court of Kansas · 1885
3Cited by6 opinions
- National Life Insurance Company, a Corporation v. Jerome Silverman, Carroll Arms Associates, a District of Columbia Limited Partnership v. National Life Insurance Company, a Vermont Corporation, A/K/A National Life of VermontCourt of Appeals for the D.C. Circuit · 1971
- Bethany Hospital Co. v. PhilippiSupreme Court of Kansas · 1910
- National Life Insurance v. SilvermanCourt of Appeals for the D.C. Circuit · 1971
- State Bank v. CriswellSupreme Court of Kansas · 1942
- Sluder v. National AmericansSupreme Court of Kansas · 1917
1 more not listed; retrieve them via the Exa API.