Porter v. Wells
Supreme Court of Kansas
Error from Johnson District Court. Ejectment, brought by the defendants in error, as the widow and children, and heirs at law, of George W. Wells, deceased, to recover 160 acres of land in Johnson county.
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Error from Johnson District Court. Ejectment, brought by the defendants in error, as the widow and children, and heirs at law, of George W. Wells, deceased, to recover 160 acres of land in Johnson county. The petition alleged that the plaintiffs were “seized in fee” of the said lands and tenements, “and that they are entitled to the possession thereof, and that said defendants (Edgar J. Porter and Susan, his wife,) unlawfully keep the said plaintiffs out of possession thereof.” The petition also alleged that the defendants had been in possession, receiving the rents, issues, and profits, and…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The defendants in error commenced this action in the court below to recover from the plaintiffs in error the northeast quarter of section No. 32, in Township No. 14, of Range No. 22, in Johnson county. The action was tried by the court, a jury being waived, and, the court made special findings of fact, and rendered a judgment on such findings in favor of the plaintiffs below and against the defendants for the recovery of said property, and costs. The defendants complain of such judgment, and seek in this court to have it reversed.
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2Cases cited7 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Wilson v. ConineNew York Supreme Court · 1807
- Armstrong v. JacksonIndiana Supreme Court · 1822
- Sullivan v. DavisCalifornia Supreme Court · 1854
- Yates v. St. JohnNew York Supreme Court · 1834
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3Cited by9 opinions
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
- Hunter's Adm'r v. Ferguson's Adm'rSupreme Court of Kansas · 1874
- Wynnewood Cotton Oil Co. v. MooreSupreme Court of Oklahoma · 1915
- King v. HyattSupreme Court of Kansas · 1893
- Alexandria, Arcadia & Fort Smith Railroad v. JohnsonSupreme Court of Kansas · 1900
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