Smith v. Cooper
Supreme Court of Kansas
Error from Pratt District Court. Action brought in the district court of Pratt county, on February 22, 1886, by Sylvester Smith against H. P. Cooper, under § 1)94 of the civil code, to quiet the title of the plaintiff to certain real estate situated in the city of Saratoga, in said county.
Read the full summary
Error from Pratt District Court. Action brought in the district court of Pratt county, on February 22, 1886, by Sylvester Smith against H. P. Cooper, under § 1)94 of the civil code, to quiet the title of the plaintiff to certain real estate situated in the city of Saratoga, in said county. At the April Term, 1886, the case was tried before the court without a jury, and the court found generally in favor of the defendant and against the plaintiff, and also made the following special findings, to wit: “1. Did the plaintiff at any time have the legal title and actual possession by tenant of lot…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This action was brought under §594 of the civil code, which reads as follows:
“Sec. 594. An action may be brought by any person in possession, by himself or tenant, of real property, against any person who claims an estate or interest therein adverse to him, for the purpose of determining such adverse estate or interest.”
Under this section and the facts of this case, the main question presented for our consideration is whether the plaintiff' was in the possession of the property in controversy or not, either “by himself or tenant.” On June…
2Cited by3 opinions
- Purcell v. BarnettSupreme Court of Oklahoma · 1912
- Sheaff v. HustedSupreme Court of Kansas · 1899
- Trumbly v. MartellSupreme Court of Kansas · 1900