Kohn v. Barr
Supreme Court of Kansas
Error from Atohison Eistriet Court. ON the 11th day of May, 1887, Kate Kohn brought her action against Kate K. Barr, E. W. Sargent and Samuel E. Bal-lenger to recover possession of 80 acres of land in Atchison county, and for damages for the unlawful detention of the same.
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Error from Atohison Eistriet Court. ON the 11th day of May, 1887, Kate Kohn brought her action against Kate K. Barr, E. W. Sargent and Samuel E. Bal-lenger to recover possession of 80 acres of land in Atchison county, and for damages for the unlawful detention of the same. On October 7, 1887, Samuel E. Ballenger filed his separate answer and cross petition, in which he denied plaintiff’s title; alleged that he was the owner of the land, and in actual possession thereof; the commencement of a former action for the land, and its final disposition. The answer further alleged, that Ballenger and…
1Opinion of the Court
The opinion of the court was delivered by
HortON, C. J.:
The principal question in this case is, was the land taxable for the year 1862? The contention is, that the act of the commissioner in canceling, on the 18th of December, 1861, McClellan’s certificate of entry or purchase, on account of the forgery of the assignment of the land warrant, was a nullity, but that, in any event, as a patent issued on April 5, 1884, it related back to the entry of March 6, 1858. It is the further contention, that as Edwin H. Anderson, on January 14,1859, before the commissioner of pensions canceled the…
2Cases cited11 opinions
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- Cornelius v. KesselSupreme Court of the United States · 1888
- Railway Co. v. PrescottSupreme Court of the United States · 1873
- Taylor v. MilesSupreme Court of Kansas · 1870
- Reynolds v. County of PlymouthSupreme Court of Iowa · 1880
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3Cited by1 opinion
- Freese v. ScoutenSupreme Court of Kansas · 1894