Legal Opinion

Sanford v. Weeks

Supreme Court of Kansas

Decided July 15, 1888PublishedCited by 7 opinions

Motion for Rehearing. Action brought by Weeks and another, against Sanford, to quiet their title to certain land in Wabaunsee county. Trial by the court at the August term, 1885, in said county, and judgment for the plaintiffs, as prayed for in their petition.

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Motion for Rehearing. Action brought by Weeks and another, against Sanford, to quiet their title to certain land in Wabaunsee county. Trial by the court at the August term, 1885, in said county, and judgment for the plaintiffs, as prayed for in their petition. The defendant Sanford brought the case to this court, where the judgment of the district court was affirmed at the January session, 1888, (38 Kas. 319, et seq., wherein the facts are stated.) On February 29,1888, the plaintiff in error filed a motion for a rehearing,‘which the court overruled at its session in July, 1888, and then filed…

1Per curiam

When this ease was called for trial, the defendant, E. H. .Sanford, objected to the introduction of any evidence, for the reason that the petition did not state facts sufficient to constitute a cause of action; which objection the court overruled. The defendant excepted. This matter is now forcibly presented upon the motion for a rehearing. The petition to quiet title was filed under § 594 of the civil code, which reads:

“An action may be brought by any person in possession, by himself or tenant, of real property, against any person who claims an estate, or interest therein, adverse to him,…

2Cases cited3 opinions

  1. Douglass v. NuzumSupreme Court of Kansas · 1876
  2. Irwin v. PaulettSupreme Court of Kansas · 1863
  3. Entreken v. HowardSupreme Court of Kansas · 1876

3Cited by7 opinions

  1. Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
  2. Mulhall v. MulhallSupreme Court of Oklahoma · 1895
  3. Board of Commissioners v. WelchSupreme Court of Kansas · 1889
  4. Goodrich v. Board of CommissionersSupreme Court of Kansas · 1891
  5. Stegmeir v. StegmeirSupreme Court of Kansas · 1944

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