Legal Opinion

City of Wellington v. Wellington Township

Supreme Court of Kansas

Decided January 15, 1891PublishedCited by 11 opinions

Error from Sumner District Court. Action brought by the City of Wellington to quiet its title to certain real estate. Each of the defendants demurred to the plaintiff’s petition, on the ground that it did not state facts sufficient to constitute a cause of action. Trial at the November term, 1887, Hon. R. B. Shepard, judge pro tern., presiding. The court sustained the several demurrers, and the City brings the case to this court. The material facts are stated in the opinion.

1Opinion of the Court

Opinion by

Simpson, C.:

The material facts are, that on or before the 5th day of September, 1873, all the territory embraced in the present city of Wellington, the township of Wellington, and, a portion of that embraced in each of the other defendant townships, constituted one single township, known as “Wellington township;” that on that day, one Henry H. Davidson, being the owner in fee-simple of certain *215real estate, conveyed to the said township of Wellington lots 11 and 12, in block 53, in the original town (now city) of Wellington; that a part consideration for said conveyance (was the…

2Cases cited19 opinions

  1. Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
  2. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
  3. Inhabitants of Hampshire v. Inhabitants of FranklinMassachusetts Supreme Judicial Court · 1819
  4. Curtis v. Board of EducationSupreme Court of Kansas · 1890
  5. Town of Depere v. Town of BellevueWisconsin Supreme Court · 1872

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3Cited by11 opinions

  1. Olathe Hospital Foundation, Inc. v. Extendicare, Inc.Supreme Court of Kansas · 1975
  2. Pass Sch. Dist. of L.A. Cty. v. Hollywood City Sch. Dist. of L.A. Cty.California Supreme Court · 1909
  3. School District of Oakland v. School District of JoplinSupreme Court of Missouri · 1937
  4. Felix v. Board of County CommissionersSupreme Court of Kansas · 1900
  5. Board of Education of Fulton County v. Board of Education of College ParkSupreme Court of Georgia · 1918

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