Legal Opinion

Schermerhorn v. Mahaffie

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 5 opinions

Error from, Johnson District Court. Two actions, one brought by Theodore Schermerhorn sr., in the names of his children, against Mary F. Mahaffie and others, to set aside a certain decree, and for partition of real estate; the other action, a proceeding for allotment begun by plaintiff in the probate court, and by defendants appealed to the district court. Both cases were tried together before the court without a jury.

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Error from, Johnson District Court. Two actions, one brought by Theodore Schermerhorn sr., in the names of his children, against Mary F. Mahaffie and others, to set aside a certain decree, and for partition of real estate; the other action, a proceeding for allotment begun by plaintiff in the probate court, and by defendants appealed to the district court. Both cases were tried together before the court without a jury. On April 2, 1884, the court adjudged in the former case that the parties to this action take as set forth in its findings and conclusions, and that the same stand as its…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

On or about March 1, 1857, Oscar F. Williams and Sarah Williams, his wife, with their family, settled upon the northwest quarter of section 24, township 13, range 22, in Johnson county, Kansas. Said quarter-section of land contained 160 acres, and belonged to the government of the United States. Williams and his wife resided upon this land as long as they lived. On April 19,1856, Williams purchased the land from the government of the United States, and received a certificate of purchase therefor. On July 15, 1858, Williams, for the…

2Cases cited1 opinion

  1. Morris v. WardSupreme Court of Kansas · 1869

3Cited by5 opinions

  1. Goldsborough v. HewittSupreme Court of Oklahoma · 1909
  2. Fishman v. AlbertsMassachusetts Supreme Judicial Court · 1947
  3. Burnison v. FrySupreme Court of Kansas · 1967
  4. Baldwin v. BaldwinSupreme Court of Kansas · 1939
  5. Woods v. DuvalSupreme Court of Kansas · 1940

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