Krause v. Means
Supreme Court of Kansas
Error from Fra/nMin District Court. Means brought ejectment for 320 acres of land in Franklin county, and obtained a judgment for the recovery of the land, at the March Term 1873 of the district court. The defendant Krause claimed the benefit of the occupying claimant act, and asked the court to direct the entry to be made, and jury drawn, to assess the value of the lasting and valuable improvements made by him, as provided by §§ 603, 604 of the civil code.
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Error from Fra/nMin District Court. Means brought ejectment for 320 acres of land in Franklin county, and obtained a judgment for the recovery of the land, at the March Term 1873 of the district court. The defendant Krause claimed the benefit of the occupying claimant act, and asked the court to direct the entry to be made, and jury drawn, to assess the value of the lasting and valuable improvements made by him, as provided by §§ 603, 604 of the civil code. The court held that Krause was not entitled to the benefits of the act, and refused to order the entry to be made. From this ruling and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The question presented in this case is, whether the plaintiff in error is entitled to. the benefit of the occupying *338claimant act. The facts are these: The land in dispute was assigned to Julia Goodell, a half-breed Indian, and a member of the Sac-and-Fox tribe of the Mississippi, under article 10 of the treaty ratified July 9th, 1860. (15 U. S. Stat. at Large, 470.) In 1862 Mrs. Goodell conveyed it by her warranty deed to Perry Fuller, a white man, and not a member of the tribe. This deed was duly recorded in the office of the register of…
2Cases cited1 opinion
- Pennock v. MonroeSupreme Court of Kansas · 1870
3Cited by10 opinions
- Quackenbush v. City of CheyenneWyoming Supreme Court · 1937
- Richmond v. AshcraftMissouri Court of Appeals · 1909
- Harper v. DurdenSupreme Court of Georgia · 1933
- Maynes v. VealeSupreme Court of Kansas · 1878
- Lemert v. BarnesSupreme Court of Kansas · 1877
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