Legal Opinion

Babbitt v. Corby

Supreme Court of Kansas

Decided July 15, 1874PublishedCited by 25 opinions

Error from Brown District Court. Mbs. Cobby, as administratrix of the estate of John Corby, deceased, in June 1872 recovered a judgment in the district court against Royal Baldwin, which became lien on his lands. W. W. Guthrie, J. F. Babbitt, C. H. Jones and F. F. Miles, respectively had or claimed liens on a certain quarter-section of land belonging to Baldwin, by reason of which no sale of said lands could be made under said judgment in favor of Mrs. Corby against Baldwin.

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Error from Brown District Court. Mbs. Cobby, as administratrix of the estate of John Corby, deceased, in June 1872 recovered a judgment in the district court against Royal Baldwin, which became lien on his lands. W. W. Guthrie, J. F. Babbitt, C. H. Jones and F. F. Miles, respectively had or claimed liens on a certain quarter-section of land belonging to Baldwin, by reason of which no sale of said lands could be made under said judgment in favor of Mrs. Corby against Baldwin. To determine their liens, and subject said land to sale under her judgment, Mrs. Corby brought suit against Guthrie,…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Plaintiff in error was with others a defendant in an action brought in the district court by defendant in error. In that action he claimed title to the premises in*614volved in the suit, by virtue of two tax deeds. The court found against the validity of the deeds, but found that by reason thereof he was entitled to a repayment of the money paid by him therefor, and interest, and ordered such sum paid out of the proceeds of the sale of the property. To this plaintiff in error excepted, and commenced this proceeding in error to reverse such…

2Cited by25 opinions

  1. Barnes v. LynchSupreme Court of Oklahoma · 1899
  2. Farmers State Bank v. BraceySupreme Court of Kansas · 1923
  3. Sage v. FinneyMissouri Court of Appeals · 1911
  4. Hyland v. HogueSupreme Court of Kansas · 1930
  5. Harte v. CastetterNebraska Supreme Court · 1894

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