Mellison v. Allen
Supreme Court of Kansas
Error from Saline District Court. Action by Allen against Mellison and two others, to compel the specific performance of a contract to convey an undivided one-half interest in the northeast quarter of section 8, township 11, range 17, west of the sixth principal meridian. At the November Term, 1882, of the district court, the defendants’ demurrer to plaintiff’s petition was overruled, and judgment was rendered for plaintiff.
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Error from Saline District Court. Action by Allen against Mellison and two others, to compel the specific performance of a contract to convey an undivided one-half interest in the northeast quarter of section 8, township 11, range 17, west of the sixth principal meridian. At the November Term, 1882, of the district court, the defendants’ demurrer to plaintiff’s petition was overruled, and judgment was rendered for plaintiff. Defendants allege error therein, and bring the ease here. The facts appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to compel the specific performance of a contract to convey real estate. A demurrer *383to the petition was overruled, and defendants allege error. The facts as disclosed by the petition are, that on August 6, 1878, George Mellison, one of the defendants, was occupying a tract of land, with the intention of obtaining title to it under the homestead laws of the United States. He. contracted to sell the undivided half to plaintiff, received full payment, and executed a contract to convey by deed of general warranty within…
2Cases cited4 opinions
- Brewster v. MaddenSupreme Court of Kansas · 1875
- Brake v. BallouSupreme Court of Kansas · 1877
- Waynick v. RichmondSupreme Court of Kansas · 1873
- Baberick v. MagnerSupreme Court of Minnesota · 1864
3Cited by24 opinions
- Weber v. LaidlerWashington Supreme Court · 1901
- Stark v. MorganSupreme Court of Kansas · 1906
- Jackson v. BakerOregon Supreme Court · 1906
- Moore v. TillmanSupreme Court of Arkansas · 1926
- Spaeth v. KounsSupreme Court of Kansas · 1915
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