Legal Opinion

Burton v. Boyd

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 23 opinions

Error from, Leavenworth District Court. Ejectment for two certain lots in the city of Leavenworth, brought by Edmonia T. Boyd, as plaintiff, against John Burton and John Shoemaker. The petition alleged that the plaintiff was the owner of the lots, and that the defendants kept her out of possession of the same. The defendants answered separately. Burton filed a general denial only.

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Error from, Leavenworth District Court. Ejectment for two certain lots in the city of Leavenworth, brought by Edmonia T. Boyd, as plaintiff, against John Burton and John Shoemaker. The petition alleged that the plaintiff was the owner of the lots, and that the defendants kept her out of possession of the same. The defendants answered separately. Burton filed a general denial only. Shoemaker filed an answer containing two defenses — first, a general denial, except as qualified by the second: the second defense stated that the title to the said lots was originally in Charles M. Boyd; that the…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

1 When there is ?edrSsuS’re-° The first question for us to consider isr whether Burton has any just cause for complaining of the action of the court below. We are unable to-discover any such cause. Ko judgment was-rendered against him, although the findings of the jury, as far as they went, were against him; and: he has no ground for claiming a judgment in his favor.. He moved for a new trial and the court granted his *28motion; and why he should now come to this court •complaining, we cannot imagine.

II. The next question is, whether…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Barto v. . HimrodNew York Court of Appeals · 1853
  2. Cooley v. BraytonSupreme Court of Iowa · 1864
  3. Conger v. ConverseSupreme Court of Iowa · 1859
  4. Blair v. FieldsSupreme Court of Kansas · 1869
  5. Chouquette v. BaradaSupreme Court of Missouri · 1862

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Hoard v. JonesSupreme Court of Kansas · 1925
  2. A. T. & S. F. Rld. Co. v. BrownSupreme Court of Kansas · 1881
  3. McNeil v. JordanSupreme Court of Kansas · 1882
  4. Stone v. FrenchSupreme Court of Kansas · 1887
  5. Atchison, Topeka & Santa Fe Railroad v. BrownSupreme Court of Kansas · 1897

18 more not listed; retrieve them via the Exa API.

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