Legal Opinion

Douglass v. Nuzum

Supreme Court of Kansas

Decided January 15, 1876Published

Error from, Jefferson District Court. Action by Nuzum against Douglass and two others, to quiet his title to the S.E.J of sec. 28, township 7, range 18, in Jefferson county. The answers of the defendants, and the proceedings in the district court, sufficiently appear in the opinion.

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Error from, Jefferson District Court. Action by Nuzum against Douglass and two others, to quiet his title to the S.E.J of sec. 28, township 7, range 18, in Jefferson county. The answers of the defendants, and the proceedings in the district court, sufficiently appear in the opinion. The district court, at the May Term 1873, gave judgment in favor of Nuzum,.as prayed for in his petition, and Douglass brings the case here for review. for himself, among other propositions contended, that Nuzum’s petition was fatally defective. In support of the proposition, that the petition should set forth the…

1Opinion

THE CASE ON RE-HEARING.

The foregoing opinion was filed June 23d 1875, but as defendant in error, Nuzum, immediately filed a motion for a rehearing the opinion was withheld, (and mandate reversing the judgment below recalled,) to abide the argument and decision on said motion for rehearing. Said motion was argued in October 1875, and is now decided.

The entire record makes a “case made,” costing $69 to copy, and was a trial of every question of title between the parties on issue tendered by Douglass on his counterclaim„ This court holds the petition bad — that the admission of evidence in favor…

2Cases cited5 opinions

  1. Wiley v. KeokukSupreme Court of Kansas · 1870
  2. Dean v. City of MadisonWisconsin Supreme Court · 1859
  3. Morrill v. DouglassSupreme Court of Kansas · 1875
  4. Stark v. ChitwoodSupreme Court of Kansas · 1869
  5. O'Brien v. CreitzSupreme Court of Kansas · 1872

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