State v. Stringfellow
Supreme Court of Kansas
Error from Atchison County. An action in the nature of ejectment brought by the State of Kansas against the defendant in District Court of Atchison County, to recover the possession of a part of the southeast quarter of section 36, township 5, range 20, and known as lot 1 in block 63, in the City of Atchison.
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Error from Atchison County. An action in the nature of ejectment brought by the State of Kansas against the defendant in District Court of Atchison County, to recover the possession of a part of the southeast quarter of section 36, township 5, range 20, and known as lot 1 in block 63, in the City of Atchison. The case was submitted to the judge of the District Court, on the following agreed statement of facts : “ It is agreed between the parties that the land in dispute is a portion of section No. 36, in township No. 5, in range No. 20, in said Atchison County. That before the survey of the…
1Opinion of the Court
By the Court,
Crozier, C. J.
The case in which the judgment sought to be reversed was rendered, was an action for the possession of specific real property. The possession of the defendant below was admitted, the title being the only matter in controversy. To maintain the action it was necessary for. the plaintiff below to show title in itself. ' In this class of cases the plaintiff must recover, if at all, upon a paramount title; and whatever may have been the title of the defendant in possession, unless the plaintiff could show a better one, it must fail in the proceeding.
What then, was the…
2Cases cited2 opinions
- Board of Trustees for Vincennes University v. State of IndianaSupreme Court of the United States · 1853
- Mason v. MatildaSupreme Court of the United States · 1827
3Cited by8 opinions
- Black v. JacksonSupreme Court of the United States · 1900
- Stout v. HyattSupreme Court of Kansas · 1874
- Simpson v. BoringSupreme Court of Kansas · 1876
- Board of Directors of Fort Scott Public Library v. City of Fort ScottSupreme Court of Kansas · 1932
- Baker v. NewlandSupreme Court of Kansas · 1881
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