Legal Opinion

Bras v. Sheffield

Supreme Court of Kansas

Decided July 15, 1892PublishedCited by 21 opinions

Error from Marshall District Court. This proceeding was brought by M. M. Sheffield, to ascertain the interest of the plaintiffs in error and others in a tract of laud in Marshall county, and subject the interest of Alexander Bras to the alleged liens of certain judgments which had been awarded against him. At the trial, the court stated separately, in writing, its conclusions of fact and law, as follows: “ CONCLUSIONS OF FACT.

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Error from Marshall District Court. This proceeding was brought by M. M. Sheffield, to ascertain the interest of the plaintiffs in error and others in a tract of laud in Marshall county, and subject the interest of Alexander Bras to the alleged liens of certain judgments which had been awarded against him. At the trial, the court stated separately, in writing, its conclusions of fact and law, as follows: “ CONCLUSIONS OF FACT. “1. On the 5th day of February, 1883, the defendant H. L. Sage was the owner of the premises described in the petition, to wit, southeast quarter of section 15,…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The result of this proceeding depends upon the proper construction of the contract of lease made February 5, 1883, between the owner of the land, H. L. Sage, and Alexander Bras and Charles Bras.

The Bras brothers entered into the possession of the land under the lease, and together cultivated and operated it for about two years. Afier that time Alexander left the farm and engaged in another occupation, and did not subsequently contribute anything toward either rent or taxes. He seems to have abandoned the land and the lease, and left his…

2Cited by21 opinions

  1. Helvering v. San Joaquin Fruit & Investment Co.Supreme Court of the United States · 1936
  2. Sheehy v. ScottSupreme Court of Iowa · 1905
  3. Inghram v. ChandlerSupreme Court of Iowa · 1917
  4. Board of Johnson County Comm'rs v. GreenhawSupreme Court of Kansas · 1987
  5. Fourth National Bank v. HillSupreme Court of Kansas · 1957

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