Spicer v. Wheeler
Supreme Court of Kansas
Error from, Greenwood District Court. ACTION by Bpioer against Wheeler to recover certain land. Judgment for defendant. The plaintiff brings the case to this court. The facts are stated in the opinion.
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Error from, Greenwood District Court. ACTION by Bpioer against Wheeler to recover certain land. Judgment for defendant. The plaintiff brings the case to this court. The facts are stated in the opinion. We think this case stands practically on all fours with the case of Doty v. Bassett, 44 Kas. 754. The sheriff’s deed in this case, we think, is void because it does not comply with the statute, nor does it follow any judgment, and, as the plaintiff’s title is clearly made out, he ought to recover in this case. This law ought long ago to have been declared invalid on account of the looseness…
1Opinion of the Court
The opinion of the court was delivered by
AllEN, J.:
Noyes Spicer brought this action in the district court of Greenwood county to recover the north half of the northwest quarter of section 3, township 24, range 11. The case was tried by the court, and the facts found specially. A patent was issued for the land from the United States to Moses Elliott in 1869, and on September 20, 1886, Moses Elliott deeded to the plaintiff. The defendant claims title derived from a proceeding in the district court of Greenwood county, under chapter 39 of the Laws of 1877. On the 3d day of October, 1877, a…
2Cases cited1 opinion
- Doty v. BassettSupreme Court of Kansas · 1890
3Cited by2 opinions
- Magnolia Petroleum Co. v. MoyleSupreme Court of Kansas · 1946
- Magnolia Petroleum Co. v. MoyleSupreme Court of Kansas · 1946