Brown v. Belmarde
Supreme Court of Kansas
Error from Jefferson County. This action was commenced in April 1862, by defendant in error, against the plaintiffs in error, to recover section or reserve No. 9 of Kansas half-breed Indian lands in Jefferson county, containing six hundred and forty acres. The cause was tried Oct. 27, 1863, by the court, (parties waiving a jury,) and judgment given for defendants. A new trial was granted under section 574 of the Civil Code.
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Error from Jefferson County. This action was commenced in April 1862, by defendant in error, against the plaintiffs in error, to recover section or reserve No. 9 of Kansas half-breed Indian lands in Jefferson county, containing six hundred and forty acres. The cause was tried Oct. 27, 1863, by the court, (parties waiving a jury,) and judgment given for defendants. A new trial was granted under section 574 of the Civil Code. May 5,1864, the new trial was had before a jury, who> under the charge of the court found for plaintiff below and judgment was entered accordingly. The instructions set…
1Opinion of the Court
By the Court,
Crozikr, O. J.
Upon the trial of this cause in the court below, the plaintiffs in error asked the court to charge the jury as follows :
I. “ The statute law in force in the state of Kansas at the date of the act of Congress, entitled £An act to settle the titles to certain lands set apart for the use of certain half-breed Kansas Indians in Kansas territory,’ approved May 26, 1860, is the law by which the rights of the parties in this case are to be governed; that in ascertaining who are the heirs of Louis Lavonture, we are required to look to the statute law of Kansas in force at…
2Cited by8 opinions
- Pfeifer v. WrightCourt of Appeals for the Tenth Circuit · 1930
- Townsend v. MeneleyIndiana Court of Appeals · 1905
- Caldwell v. MillerSupreme Court of Kansas · 1890
- Estate of Irwin v. IrwinSupreme Court of Iowa · 1911
- Hartinger v. FerringU.S. Circuit Court for the District of Northern Iowa · 1885
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