Legal Opinion

Gatton v. Tolley

Supreme Court of Kansas

Decided July 15, 1879PublishedCited by 22 opinions

Error from Neosho District Court. Ejectment brought by Tolley against Gatton, to recover the possession of a quarter-section of land in Neosho county, together with certain damages for the detention thereof, plaintiff claiming that he was a tenant in common with his ■brothers and sisters in the premises, and that as such tenant he was entitled to the possession of all the real estate as .against Gatton, whom he claimed was a stranger and trespasser; and that, as he claimed,…

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Error from Neosho District Court. Ejectment brought by Tolley against Gatton, to recover the possession of a quarter-section of land in Neosho county, together with certain damages for the detention thereof, plaintiff claiming that he was a tenant in common with his ■brothers and sisters in the premises, and that as such tenant he was entitled to the possession of all the real estate as .against Gatton, whom he claimed was a stranger and trespasser; and that, as he claimed, the land having been occupied as a homestead by his father (the intestate) and his ■family, at such intestate’s death,…

1Opinion of the Court

'The opinion of the court was delivered by

Horton, C. J.:

The facts in this case are substantially these:. James Tolley, father of the plaintiff below (defendant in error here), settled upon a quarter-section of government land, and made such improvements and had such residence thereon, that at the time of his death he was entitled to enter *680the land as a home for himself and family, and to receive a-, patent therefor, under the provisions of an act of congress-for the disposal of certain lands to bona fide settlers. (16 U. S. Stat., p. 55.) Before completing'his entry, he died, leaving-a widow,…

2Cases cited1 opinion

  1. Everett v. LuskSupreme Court of Kansas · 1877

3Cited by22 opinions

  1. Postlethwaite v. EdsonSupreme Court of Kansas · 1917
  2. Compton v. People's Gas Co.Supreme Court of Kansas · 1907
  3. Harlan v. LoomisSupreme Court of Kansas · 1914
  4. Vining v. WillisSupreme Court of Kansas · 1889
  5. Long v. BagwellSupreme Court of Oklahoma · 1913

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