Legal Opinion

Clark v. Libbey

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 2 opinions

Fh'ror from Franklin District Court. Ejectment brought by Clark, for 240 acres of laud in Franklin county — part of the lands patented to one Wm.

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Fh'ror from Franklin District Court. Ejectment brought by Clark, for 240 acres of laud in Franklin county — part of the lands patented to one Wm. Hurr, a councilman and headman of the Ottawa tribe of Indians, under the provision of the 3d article of the Ottawa treaty of 1862. Clark claimed title in fee, under a deed from said Hurr and wife to himself, dated November 13th 1872. Libbey claimed title in fee, as grantee of I. S. Kalloch, whose title was evidenced by a deed from said Hurr and wife, dated December 1st 1865. The case was in this court at the January Term 1875; (14 Kas. 435.) On…

1Opinion of the Court

*635The opinion of the court was delivered by

Horton, C. J.:

Action of ejectment.. After Clark had offered in evidence on the trial in the court below, to sustain his cause of action, and title to the premises in controversy, a patent to the premises from the United States to ¥m. Hurr of the date of December 1st 1865, and a quitclaim deed from ¥m. Hurr and Emily W. Hurr to himself of the same property, of date November 13th 1872, for the consideration of $200, he rested his case. The defendant on his part then called the plaintiff as a witness for the defense, who testified that he made the…

2Cases cited3 opinions

  1. Lane v. EwingSupreme Court of Missouri · 1860
  2. Clark v. AkersSupreme Court of Kansas · 1876
  3. Clark v. LibbeySupreme Court of Kansas · 1875

3Cited by2 opinions

  1. Baldwin v. SquiresSupreme Court of Kansas · 1878
  2. Libbey v. ClarkSupreme Court of Kansas · 1881

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