Houck v. Kelsey
Supreme Court of Kansas
Error from Montgomery District Court. Ejectment, brought by Kelsey, to recover possession of a quarter-section of land in Montgomery county, which he claimed to own in fee. Houck admitted possession, but claimed to be the equitable owner, alleging such facts as would entitle him to a preemption-right to government land, and alleging that plaintiff’s title was obtained through fraud practiced against the government by plaintiff’s grantor.
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Error from Montgomery District Court. Ejectment, brought by Kelsey, to recover possession of a quarter-section of land in Montgomery county, which he claimed to own in fee. Houck admitted possession, but claimed to be the equitable owner, alleging such facts as would entitle him to a preemption-right to government land, and alleging that plaintiff’s title was obtained through fraud practiced against the government by plaintiff’s grantor. Second trial at the March Term 1875 of the district court. Judgment in favor of Kelsey, and Houck brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This case comes before us upon the allegations of the pleadings. The action was ejectment. The legal title of defendant in error was admitted, and plaintiff in error claimed an equitable title. And these are the facts alleged to show his equitable title: The land was entered by one Dallas Taggart on July 10th 1871, by him conveyed to C. E. Kelsey, *334and from him to defendant in error. Both the Kelseys received title with full knowledge of all the facts. The land was subject to entry only by actual settlers in good faith. Taggart was not a…
2Cases cited9 opinions
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