Meyers v. Smith
Supreme Court of Kansas
Error from Wyandotte District Court. Ejectment. The facts are stated in the opinion. Judgment for plaintiff, Smith, at the March term, 1889. The defendants, Meyers and others, come to this court.
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Error from Wyandotte District Court. Ejectment. The facts are stated in the opinion. Judgment for plaintiff, Smith, at the March term, 1889. The defendants, Meyers and others, come to this court. The only question in this case is, Did this instrument called a will convey to or vest in Isaac Johnnycake, jr., and Joseph Johnnycake the title to the land in controversy outside of the interest of the widow, about which there is no controversy? Upon the death of Isaac Johnnycake, the title to the land vested either in his heirs according to the laws of Kansas, or vested in his devisees, if a will…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action of ejectment, brought in the district court of Wyandotte county on October 27,1887, by Sallie O. Smith against J. N. Meyers, W. R. Malott, W. Gerding (really Henry Gerding), Henry Stockhoff, G. Rothert, and L. Brougham, to recover an undivided interest in certain real estate situated in said county. The defendants answered separately, and all except Brougham claimed separate interests in the real estate, and Brougham's answer was a general denial. The case was tried before the court without a jury, and the court found…
2Cases cited1 opinion
- In re the Will of CapperSupreme Court of Iowa · 1892
3Cited by4 opinions
- Parnell v. ThompsonSupreme Court of Kansas · 1909
- New England National Bank v. Northwestern National BankMissouri Court of Appeals · 1902
- Benson v. NymanSupreme Court of Kansas · 1932
- Summerfield v. MyersSupreme Court of Kansas · 1944