Legal Opinion

Hall's Heirs v. Dodge

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 29 opinions

Error from Morris District Court. Ejectment for the N.W.J of section 7, and the S. J of N.W.J of section 6, in township 20, of range 12, in Lyon county, brought by the widow and children of ¥m, Hall, deceased. The two tracts were conveyed to said ¥m. Hall, by separate patents, in 1860, Hall died intestate,.in January 1872, leaving a widow and six children, the plaintiffs in this action, and -they claimed the land in fee as the heirs of Hall.

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Error from Morris District Court. Ejectment for the N.W.J of section 7, and the S. J of N.W.J of section 6, in township 20, of range 12, in Lyon county, brought by the widow and children of ¥m, Hall, deceased. The two tracts were conveyed to said ¥m. Hall, by separate patents, in 1860, Hall died intestate,.in January 1872, leaving a widow and six children, the plaintiffs in this action, and -they claimed the land in fee as the heirs of Hall. Action commenced in July 1872. Dodge, defendant, at the trial, to show title in himself, offered in evidence two tax deeds. One of such tax deeds…

1Opinion of the Court

*279The opinion of the court was delivered by

Valentine, J.:

i.Ejectment; general denial; practice. This was an action in the nature of ejectment, commenced under section 595 of the code, (Gen. Stat. 747,) and under section 118 of the tax law of 1868, (Gen. Stat. 1057,1058.) The answer of the defendants .... T 1 was a general denial. U nder such an answer we think the defendant had a right to show, by any legal evidence that he might have had, that he was the owner of the property in controversy. (Gen. Stat. 748, §596; Bancroft v. Chambers, 10 Kas. 364.) In this respect this kind of action is…

2Cases cited15 opinions

  1. Bowman v. CockrillSupreme Court of Kansas · 1870
  2. First National Bank v. PeckSupreme Court of Kansas · 1871
  3. Taylor v. MilesSupreme Court of Kansas · 1870
  4. Thomas v. StickleSupreme Court of Iowa · 1871
  5. Shoat v. WalkerSupreme Court of Kansas · 1870

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3Cited by29 opinions

  1. Kelso v. NortonSupreme Court of Kansas · 1902
  2. Kessinger v. WilsonSupreme Court of Arkansas · 1890
  3. Lowenstein v. SextonSupreme Court of Oklahoma · 1907
  4. Harris v. DefenbaughSupreme Court of Kansas · 1910
  5. Farnham v. JonesSupreme Court of Minnesota · 1884

24 more not listed; retrieve them via the Exa API.

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