Jones v. Hollister
Supreme Court of Kansas
Error from, Douglas District Court. On the 28th of March, 1888, Simpson Hollister, claiming to be the actual owner of the south half of the northwest quarter of section 19, township 12, range 20, in Douglas county, commenced his action against Valentine Jones and J. P. Usher, to recover the possession of the same. The defendants filed an answer, denying that Hollister was the owner of the premises.
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Error from, Douglas District Court. On the 28th of March, 1888, Simpson Hollister, claiming to be the actual owner of the south half of the northwest quarter of section 19, township 12, range 20, in Douglas county, commenced his action against Valentine Jones and J. P. Usher, to recover the possession of the same. The defendants filed an answer, denying that Hollister was the owner of the premises. On the 6th of May, 1889, the death of J. P. Usher was suggested to the court below, and the action was revived against his heirs. Margaret A. Usher, his widow, filed an answer, alleging that she…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The contract under which Hollister claims the land in controversy was made by the Leavenworth, Pawnee & Western Railroad Company to E. H. Van Deusen and B. F. Hopper on February 23, 1863. At the date of the contract, $245.33 was paid in cash, and four notes, each for $122.62, due in one, two, three and four years, respectively, were given for the balance of the purchase price. The contract contained no terms of forfeiture, and, excepting the reservation for the railroad company of a right-of-way 80 feet in width over the land, and the…
2Cases cited4 opinions
- O'Brien v. WetherellSupreme Court of Kansas · 1875
- Courtney v. WoodworthSupreme Court of Kansas · 1872
- Kansas Pacific Rly. Co. v. McBratneySupreme Court of Kansas · 1873
- Mitchell v. LinesSupreme Court of Kansas · 1887
3Cited by13 opinions
- Gordon v. MunnSupreme Court of Kansas · 1912
- Wilson v. BombeckSupreme Court of Oklahoma · 1913
- Coryell v. HardySupreme Court of Kansas · 1936
- In Re Estate of SnyderSupreme Court of Kansas · 1967
- Southern v. LinvilleSupreme Court of Kansas · 1934
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