Sarbach v. Newell
Supreme Court of Kansas
Error from Jackson District Court. Action by Sarbach against Mary Newell and Samuel JJ. Newell, her husband, brought May 21, 1881, in the district court, to recover the possession of six-sevenths of lot No. 43, in the city of Holton, and for partition. At the November Term of court for 1881, first trial was had. Judgment was set aside, and new trial granted.
Read the full summary
Error from Jackson District Court. Action by Sarbach against Mary Newell and Samuel JJ. Newell, her husband, brought May 21, 1881, in the district court, to recover the possession of six-sevenths of lot No. 43, in the city of Holton, and for partition. At the November Term of court for 1881, first trial was had. Judgment was set aside, and new trial granted. At the June Term, 1882, the cause was tried by the court, a jury being waived, and the court made and filed the following conclusions of fact: “1. That one Phineas B. Rexford died intestate, seized of said premises in controversy, about…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Upon the findings of fact made and filed by the trial court, it was adjudged that the plaintiff is seized in fee of the undivided two-elevenths of the premises in controversy, and the defendant Mary Newell is a tenant-in-common with him, and seized in fee of the undivided nine-elevenths thereof. Thereon, it was ordered that partition be made as follows: The commissioners to set off to plaintiff two-elevenths without the stone store building, if the same could be done without manifest injury; but if this partition ■ could not be made…
2Cases cited2 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Austin v. BarrettSupreme Court of Iowa · 1876
3Cited by12 opinions
- Fry v. DeweesSupreme Court of Kansas · 1940
- Hazen v. WebbSupreme Court of Kansas · 1902
- Sawin v. OsbornSupreme Court of Kansas · 1912
- Gillet v. PowellSupreme Court of Kansas · 1953
- Sarbach v. NewellSupreme Court of Kansas · 1883
7 more not listed; retrieve them via the Exa API.