Legal Opinion

Simpson v. Boring

Supreme Court of Kansas

Decided January 15, 1876PublishedCited by 16 opinions

jError from Bourbon District Court. Ejectment, brought by Boring, to recover possession of eighty acres of laud. Plaintiff claimed to be the legal and equitable owner, and to be entitled to the immediate possession.

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jError from Bourbon District Court. Ejectment, brought by Boring, to recover possession of eighty acres of laud. Plaintiff claimed to be the legal and equitable owner, and to be entitled to the immediate possession. Simpson answered, first, a general denial; second, paramount title in himself; third, “that the matter in dispute was res adjudieata, having once been litigated and decided in an action between the same parties in the same court,” making a profert and an exhibit of the record in an action of trespass formerly tried in said court, wherein “said William Simpson was plaintiff, and…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action in the nature of ejectment, brought by Ezekiel J. Boring against William Simpson to recover certain land in Bourbon county. The pleadings show that the title to the land passed originally from the government of the United States to the Missouri River, Fort Scott & Gulf Railroad Company, and that the plaintiff claims title under and through said railroad company. The pleadings also show that the defendant claims adversely to both the plaintiff and the railroad company. He claims that at the time the patent for the land…

2Cases cited3 opinions

  1. Duffey v. RaffertySupreme Court of Kansas · 1875
  2. State v. StringfellowSupreme Court of Kansas · 1864
  3. Kansas Pacific Railway Co. v. McBratneySupreme Court of Kansas · 1872

3Cited by16 opinions

  1. Black v. JacksonSupreme Court of the United States · 1900
  2. Ritchie v. Kansas, Nebraska & Dakota Railway Co.Supreme Court of Kansas · 1895
  3. Scarborough v. SmithSupreme Court of Kansas · 1877
  4. Wilson v. BombeckSupreme Court of Oklahoma · 1913
  5. Horner v. EllisSupreme Court of Kansas · 1907

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