Bixby v. Bailey
Supreme Court of Kansas
Error from Doniphan District Court. Ejectment, brought by Bixby, to recover 160 acres of land. The principal question here is as to the sufficiency of the evidence introduced by Bailey to show the validity of the judgment rendered in 1865 in favor of Dana Fox against Bixby, and upon this question the faots are fully stated in the opinion.
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Error from Doniphan District Court. Ejectment, brought by Bixby, to recover 160 acres of land. The principal question here is as to the sufficiency of the evidence introduced by Bailey to show the validity of the judgment rendered in 1865 in favor of Dana Fox against Bixby, and upon this question the faots are fully stated in the opinion. The land in question was sold under said judgment by the sheriff of Doniphan county, bid in by Fox, the sale confirmed, and the land afterward purchased by Bailey. Bixby claimed that the judgment and proceedings thereunder were void. The action was tried at…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
1. General findings. 2. Proof of judgment. Secondary evidence. Bixby brought his action of ejectment against Bailey to recover the possession of a quarter-section of land. Bailey in his answer claimed title by sheriff’s deed, of record more than five years, by tax-deed, by decree of foreclosure, and sale thereunder, and by estoppel. On the trial a general finding was made in his favor upon all these defenses, except the tax-deed. Such a finding is of ■course equivalent to a finding of every fact necessary for these .several defenses. The…
2Cases cited5 opinions
- Bronson v. KinzieSupreme Court of the United States · 1843
- Hahn v. KellyCalifornia Supreme Court · 1868
- Coit v. HavenSupreme Court of Connecticut · 1861
- Paine v. SpratleySupreme Court of Kansas · 1870
- Hargis v. MorseSupreme Court of Kansas · 1871
3Cited by16 opinions
- Ogden v. WaltersSupreme Court of Kansas · 1873
- Hockaday v. JonesSupreme Court of Oklahoma · 1899
- Carter v. HyattSupreme Court of Kansas · 1907
- Winstead v. StandefordSupreme Court of Arkansas · 1878
- Gardenhire v. GardenhireSupreme Court of Oklahoma · 1894
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