Claggett v. Crall
Supreme Court of Kansas
Error from Atchison District Court. Action for relief on the ground of fraud, brought by Claggett against Crall. The petition, after the caption and title, is as follows: “The plaintiff complains of the defendant, and says, that on or about the 24th of May, 1864, he purchased of the defendant, and defendant sold and conveyed to him by deed of general warranty of that date, (a copy of which is hereto attached as part hereof,) at the price of $300, cash in hand then paid by…
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Error from Atchison District Court. Action for relief on the ground of fraud, brought by Claggett against Crall. The petition, after the caption and title, is as follows: “The plaintiff complains of the defendant, and says, that on or about the 24th of May, 1864, he purchased of the defendant, and defendant sold and conveyed to him by deed of general warranty of that date, (a copy of which is hereto attached as part hereof,) at the price of $300, cash in hand then paid by plaintiff to said defendant, the following described parcels and tracts of land, to-wit, [describing 120 acres in Jackson…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
In May, 1864, Crall sold and conveyed certain lands in Jackson county to Claggett. Prior to that time, *397and in March 1861, Crall had conveyed the same lands to G. W. Gillespie. The deed to Gillespie was recorded in March, 1861. Claggett was a nonresident, and the negotiations were carried on through an agent in Atchison county. The petition alleged that at the time of the sale to Claggett, Crall produced a patent for the lands, and fraudulently represented that the lands were still-his, and that plaintiff relied on these representations and…
2Cases cited1 opinion
- Eames v. MorganIllinois Supreme Court · 1865
3Cited by11 opinions
- Speed v. HollingsworthSupreme Court of Kansas · 1894
- Humphrey v. CarpenterSupreme Court of Minnesota · 1888
- McKee v. EatonSupreme Court of Kansas · 1881
- Woodman v. DavisSupreme Court of Kansas · 1884
- Stickney v. JordanSupreme Court of Minnesota · 1891
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