Legal Opinion

Hapgood v. Morten

Supreme Court of Kansas

Decided July 15, 1882PublishedCited by 4 opinions

Error from, Bourbon District Court. Action in the nature of ejectment, brought by A. O. G. Morten against Arestine C. Hapgood, March 17, 1881, to recover possession of block No. 2, in Williamstown, Bourbon county, and being five acres of land adjacent to the southern portion of the city of Fort Scott.

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Error from, Bourbon District Court. Action in the nature of ejectment, brought by A. O. G. Morten against Arestine C. Hapgood, March 17, 1881, to recover possession of block No. 2, in Williamstown, Bourbon county, and being five acres of land adjacent to the southern portion of the city of Fort Scott. At the May Term of the district court of Bourbon county for 1881, a trial was had and judgment rendered for the defendant; but the plaintiff demanded another or second trial in accordance with the provisions of the statute, and the court set aside the judgment, granted another trial, and…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

It is urged on the part of plaintiff in error (defendant below) that Morten, defendant in error (plaintiff below), could not maintain an action for the recovery of the possession of the real estate in controversy. It is conceded that on July 15,-1876, one J. M. Emmert and wife conveyed • the premises to Morten by warranty deed; that Emmert’s title was perfect from the government, as shown by the chain of title introduced, except it is alleged that as Emmert, on the 17th day of January, 1874, executed a bond for a deed of this land to one…

2Cases cited5 opinions

  1. Courtney v. WoodworthSupreme Court of Kansas · 1872
  2. Kuhn v. FreemanSupreme Court of Kansas · 1875
  3. Genthner v. LewisSupreme Court of Kansas · 1880
  4. Quigley v. Board of CommissionersSupreme Court of Kansas · 1880
  5. Bruce v. McBeeSupreme Court of Kansas · 1880

3Cited by4 opinions

  1. State ex rel. Wyatt v. Wabash RailroadSupreme Court of Missouri · 1893
  2. Rodgers v. CressmanNew Jersey Court of Chancery · 1925
  3. Fitzsimmons v. BonavitaNew Jersey Court of Chancery · 1910
  4. City of St. Louis v. ProvenchereSupreme Court of Missouri · 1887

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