Northrup & Chick v. Romary
Supreme Court of Kansas
Error from Coffey District Court. William Romary brought his action against Northrup Chick, and others, alleging that in March, 1866, he purchased of Perry Fuller and Alexander McDonald a certain tract of land, taking a bond for a deed, which bond was duly recorded on the 8th of June, 1867; that he paid said F. & McD. in full, on the 10th of July, 1867, acccording to the condition of said bond; that Nortkrwp Chick had acquired the legal title to said land from said F. & McD.…
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Error from Coffey District Court. William Romary brought his action against Northrup Chick, and others, alleging that in March, 1866, he purchased of Perry Fuller and Alexander McDonald a certain tract of land, taking a bond for a deed, which bond was duly recorded on the 8th of June, 1867; that he paid said F. & McD. in full, on the 10th of July, 1867, acccording to the condition of said bond; that Nortkrwp Chick had acquired the legal title to said land from said F. & McD. with full knowledge of the rights and equities of the plaintiff, and demanding judgment that the defendants be required…
1Opinion of the Court
The opinion of the court was delivered by
Safford, J.:
This was an action brought by parties in possession of real estate, for the purpose of determining an adverse estate or interest therein, and under the authority of section 569 of the code of 1862; (§ 594, civil code of 1868, p. 747.) The cause was submitted to the court below, and judgment rendered against the plaintiffs, now defendants in error. Thereupon said plaintiffs demanded a new trial of the issues in said cause, and without any showing therefor, claiming a new trial as a matter of right under the statute. (Sec. 574, code 1862, and…
2Cases cited2 opinions
- Swartzel v. RogersSupreme Court of Kansas · 1865
- Stridde v. SaroniWisconsin Supreme Court · 1866
3Cited by2 opinions
- Main v. PayneSupreme Court of Kansas · 1877
- Blackford v. LoveridgeSupreme Court of Kansas · 1872