Gildehaus v. Whiting
Supreme Court of Kansas
Error from Shawnee Superior Court. On June 11, 1884, plaintiffs commenced their action in the superior court of Shawnee county, against the defendants, to recover the possession of lots 370 and 372 on Jackson street, in the city of Topeka, and also to recover $100 damages for the unlawful withholding of the possession of the same. On July 3, 1884, the defendants filed an answer containing a general denial.
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Error from Shawnee Superior Court. On June 11, 1884, plaintiffs commenced their action in the superior court of Shawnee county, against the defendants, to recover the possession of lots 370 and 372 on Jackson street, in the city of Topeka, and also to recover $100 damages for the unlawful withholding of the possession of the same. On July 3, 1884, the defendants filed an answer containing a general denial. Trial had at the September term of the court for 1886, a jury being waived. The court made and filed the following findings of fact: “1. The lots described in the plaintiffs’ petition, to…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was a controversy in the court below over the title to lots 370 and 372, on Jackson street, in the city of Topeka. Amos D. Craigue bought these lots sometime in 1859 from E. C. K. Garvey, for an old watch, but obtained his deed for them from H. M. Moore, on November 4, 1859. This deed was duly acknowledged and recorded. It does not appear from any of the testimony contained in the record that either Garvey or Moore ever had any title or possession of these lots. Prior to the date that Moore executed the deed to Craigue, he had…
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