Usher v. McBratney
U.S. Circuit Court for the District of Kansas
The land in question, section 14, T. 12, R. 20, in Leavenworth county, is part of the land which the Leavenworth, Pawnee, and Western Railroad Company was authorized to purchase by the treaty with the Delawares, of 1860 and 1861 (12 Stat. 1129, 1177). The name of that company was changed, and the Kansas Pacific Railway Company is its legal successor.
Read the full summary
The land in question, section 14, T. 12, R. 20, in Leavenworth county, is part of the land which the Leavenworth, Pawnee, and Western Railroad Company was authorized to purchase by the treaty with the Delawares, of 1860 and 1861 (12 Stat. 1129, 1177). The name of that company was changed, and the Kansas Pacific Railway Company is its legal successor. The plaintiff [John P. Usher] has a title to the section of land in. controversy, by deed from the Kansas Pacific Railway Company, the patentee, but subsequent in date to whatever rights the defendant [Robert McBratney] has under the agreement of…
1Opinion of the Court
DILLON, Circuit Judge.
The legal title is in Mr. Usher, who is in possession, and is a purchaser for value. There is no proof of any authority from the railway company to Stone to make the agreement of April 9, 1862, which is the sole basis of the title bond *854of December 15, 1862, or of McDowell to execute the title bond, but if such authority existed or is assumed, the paper of April 9, 1862, shows upon its face, and is also shown by the evidence, aliunde, to have been given for an illegal purpose, viz.: to suppress investigation and to influence the course of legislation.
NOTE. See Trist v.…
2Cases cited12 opinions
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
- Lyon v. . MitchellNew York Court of Appeals · 1867
- Harris v. Roof's ExecutorsNew York Supreme Court · 1851
- Sutcliffe v. StateOhio Supreme Court · 1849
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Chippewa Valley & Superior Railway Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1889
- Sweeney v. McLeodOregon Supreme Court · 1887