Squires v. Clark
Supreme Court of Kansas
Error from Franklin District Court. Action for partition, brought by Wm. H. Clark, as plaintiff, against Thomas Squires, Geo. S. Newman, and W. M. Pickering, as defendants. Subsequently, Ira Davenport was made a party defendant, as having an interest in the premises, as mortgagee of Squires. The lands in controversy, and the respective interests of the parties plaintiff and defendant, are shown in the findings quoted in the opinion, infra.
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Error from Franklin District Court. Action for partition, brought by Wm. H. Clark, as plaintiff, against Thomas Squires, Geo. S. Newman, and W. M. Pickering, as defendants. Subsequently, Ira Davenport was made a party defendant, as having an interest in the premises, as mortgagee of Squires. The lands in controversy, and the respective interests of the parties plaintiff and defendant, are shown in the findings quoted in the opinion, infra. Trial at the November Term 1874, and partition adjudged and decreed in accordance with the findings above mentioned-Squires and Davenport appeal, and bring…
1Opinion of the Court
*85The opinion of the court was delivered by
Brewer, J.:
This was an action of partition, tried by the court without a jury. The testimony was not preserved, and the case stands before us upon the pleadings, findings, and judgment. The findings are as follows:
“1st. Wab-che-qua, an Ottawa Indian woman, was owner in fee of the E. J of the N.W.^ of section 32, township 16, range 19, being 80 acres of land in Franklin county. She •died in the year 1864, leaving her husband, Pem-ach-wung, her sole surviving heir-at-law.
“2d. Kah-ptah-yah-sung, an Ottawa Indian boy, was the ■owner in fee of the E. J. of…
2Cases cited8 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Warfield v. LindellSupreme Court of Missouri · 1860
- Florence v. . HopkinsNew York Court of Appeals · 1871
- Deery v. McClintockWisconsin Supreme Court · 1872
- Shaw v. GregoireSupreme Court of Missouri · 1867
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3Cited by12 opinions
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- Sanders v. DevereuxCourt of Appeals for the Eighth Circuit · 1894
- Longfellow v. ByrneSupreme Court of Oklahoma · 1918
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