Legal Opinion

Nay v. Mograin

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 8 opinions

Error from Neosho District Court. Ejectment, brought by Mograin against Nay and four others, to recover an undivided one-fourth of a tract of land in Neosho county. Trial by the court, at the November Term, 1878, and findings and judgment for the plaintiff. The nature of the action, and the facts,, sufficiently appear in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action of ejectment, brought by plaintiff, to recover the undivided one-fourth of a tract of land in Neosho county. The case was tried by the court, without a jury, findings of fact made, and a judgment entered in her favor. Her title was based on a patent to herself and three others, as the heirs of Charles Mograin. Defendants claimed to have purchased from her, through* one John Moffitt, her attorney in fact. The other heirs were, at the time of the alleged sale, minors, and Moffitt, claiming to be their guardian, as well as…

2Cases cited4 opinions

  1. Perry v. BaileySupreme Court of Kansas · 1874
  2. Phillips v. ThompsonNew York Court of Chancery · 1814
  3. Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
  4. Edwards v. FrySupreme Court of Kansas · 1872

3Cited by8 opinions

  1. Osborne v. KimballSupreme Court of Kansas · 1889
  2. Ed Dewitte Ins. Agency, Inc. v. Fin. Assocs. Midwest, Inc.Supreme Court of Kansas · 2018
  3. Nehls v. William Stock Farming Co.Nevada Supreme Court · 1919
  4. Skinner v. DavisSupreme Court of Kansas · 1919
  5. Kuhn v. KuhnSupreme Court of Kansas · 1920

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