Fackler v. Ford
Supreme Court of Kansas
APPEAL from the District Court of the First Judicial District in and for Leavenworth County. The original bill of the now defendants in error was filed August .21, 1857, in the first district court in Leavenworth county.
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APPEAL from the District Court of the First Judicial District in and for Leavenworth County. The original bill of the now defendants in error was filed August .21, 1857, in the first district court in Leavenworth county. An amended bill was filed January 29, 1858. The separate answer of John M. Fackler was filed June 1, 1858. The contract referred to in the bill, is as follows : “ Know all men by these presents, that we, John M. Fackler and Madison Mills, have this day bargained and sold by quit claim, and do hereby agree to sell and make quit claim deed to John Pi. Ford et als., forty shares…
1Opinion of the Court
By the Court —
Lecompte, C. J.
This is a bill filed on the equity side of the first-district court, for the specific performance of a contract. The contract was made under the following circumstances : In 1856, the defendants, John M. Fackler and Madison Mills, were the claimants and in possession of one hundred and sixty acres of land, consisting of two adjoining half-quarter sections. The land itself was part of what is known as the Delaware Trust Lands, acquired by the United States in the mode, and for the purposes therein expressed, under the treaty with the Delaware Indians, bearing date…
2Cases cited1 opinion
- Schemerhorn v. VanderheydenNew York Supreme Court · 1806
3Cited by5 opinions
- Henshaw v. SmithSupreme Court of Kansas · 1918
- Duffey v. RaffertySupreme Court of Kansas · 1875
- Eyestone v. CommissionerUnited States Board of Tax Appeals · 1928
- O'Neill v. MartinSupreme Court of Kansas · 1881
- Cuthbert v. FortuneSupreme Court of Kansas · 1934