Gatton v. Tolley
Supreme Court of Kansas
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
- Everett v. LuskSupreme Court of Kansas · 1877
3Cited by22 opinions
- Postlethwaite v. EdsonSupreme Court of Kansas · 1917
- Compton v. People's Gas Co.Supreme Court of Kansas · 1907
- Harlan v. LoomisSupreme Court of Kansas · 1914
- Vining v. WillisSupreme Court of Kansas · 1889
- Long v. BagwellSupreme Court of Oklahoma · 1913
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