Forbes v. Higginbotham
Supreme Court of Kansas
Error from Shawnee District Court. This was an action in the nature of ejectment, brought in the district court of Shawnee county, on August 4, 1885, for the recovery of certain land hereafter described. At the September term, 1887, the case was tried before the court below without a jury, and the court made the following findings and conclusions of fact and law, and rendered the following judgment: “findings of fact.
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Error from Shawnee District Court. This was an action in the nature of ejectment, brought in the district court of Shawnee county, on August 4, 1885, for the recovery of certain land hereafter described. At the September term, 1887, the case was tried before the court below without a jury, and the court made the following findings and conclusions of fact and law, and rendered the following judgment: “findings of fact. “1. Je-Mahn and Louisa Je-Mahn were husband and wife, and both of them were members of the Pottawatomie tribe of Indians. “2. Said Je-Mahn and wife had born to them two…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J. :■
The first and principal question involved in this case is, whether the fourth finding of fact made by the court below is sustained by sufficient evidence or not. On the trial of the case a deed of conveyance was introduced in evidence, answering to the description of the deed described in the fourth finding of fact in every,particulai’, except that prima facie it purports to have been executed on August’30, 1868, instead of April 30,1867. If such deed was in fact executed on April 30,1867, then the finding is correct, and no valid…
2Cases cited1 opinion
- McGannon v. StraightlegeSupreme Court of Kansas · 1884
3Cited by3 opinions
- Miller v. FryerSupreme Court of Oklahoma · 1912
- Bearman v. HuntSupreme Court of Oklahoma · 1918
- State v. MaySupreme Court of Kansas · 1893