McTaggart v. Harrison
Supreme Court of Kansas
Error from Montgomery District Court. Action by McTaggart against Harrison and wife, to compel the specific performance of a contract to convey certain real estate.
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Error from Montgomery District Court. Action by McTaggart against Harrison and wife, to compel the specific performance of a contract to convey certain real estate. The petition alleges that on the 20th of June 1871 the N.E.J of the N.E.J of sec. 14, township 33 south, range 16 east, in Montgomery county, was public lands of the United States; that previous to that time it had been and then was settled upon and occupied as a town-site, the town of Liberty being situate on said land; that plaintiff was one of the occupants thereon; that he had a frame dwelling-house on said land, in said town…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was a controversy about a portion of the town-site of the town of Liberty, Montgomery county. Under the laws of the United States and of this state, whenever any public land of the United States has been settled upon and occupied as a town-site, and the town is not incorporated, it is the duty of the probate judge upon being furnished with the entrance money to enter such land for the benefit of the occupants of such town-site, according to their respective interests: 14 U. S. Stat. at Large, 541; Gen. Stat. of Kas., 1073; Sherry v.…
2Cases cited3 opinions
- Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
- Sherry v. SampsonSupreme Court of Kansas · 1873
- Dolson v. HopeSupreme Court of Kansas · 1871
3Cited by2 opinions
- Brake v. BallouSupreme Court of Kansas · 1877
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