O'Brien v. Creitz
Supreme Court of Kansas
Fkror from Jaehson District Court. Action to quiet title. The question here was whether the plaintiff, not being in actual possession, and the land being vacant, could maintain the action. The action was tried at the April Term 1871, and the district court gave judgment for the plaintiff. The defendant below brings the case here on error. 1. The evidence shows that the lot is vacant and unoccupied.
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Fkror from Jaehson District Court. Action to quiet title. The question here was whether the plaintiff, not being in actual possession, and the land being vacant, could maintain the action. The action was tried at the April Term 1871, and the district court gave judgment for the plaintiff. The defendant below brings the case here on error. 1. The evidence shows that the lot is vacant and unoccupied. Sec. 594 of the code provides that an action may be brought by any person in possession by himself or tenant. Before Creitz can recover, he must show legal title' in himself, and actual possession…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action brought by defendant in -error to qniet title to a lot in the town of Holton. In his ■petition he alleged that he held the legal title, and was in peaceable possession, and that O’Brien set up an adverse interest. Upon the trial he testified that the lot was entirely vacant and unoccupied, and then offered his deeds, which were objected to on the ground that he had not shown himself in actual possession. The objection was overruled, and this is alleged as error. We see none. It was decided in Eaton v. Giles, 5 Kas., 24,…
2Cases cited1 opinion
- Eaton v. GilesSupreme Court of Kansas · 1869
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