Legal Opinion

Long v. Kasebeer

Supreme Court of Kansas

Decided January 15, 1882Published

Error from Allen District Court. March 7, 1882, Kasebeer filed his petition in the district court against Long, in the following words: “ 1. Plaintiff says that he is and for years has been the owner and in the actual possession of the southwest quarter of section thirty (30), township twenty-five (25), range twenty (20), in Allen county, Kansas, and that the same is partially inclosed, and about fifty acres thereof broken and in cultivation.

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Error from Allen District Court. March 7, 1882, Kasebeer filed his petition in the district court against Long, in the following words: “ 1. Plaintiff says that he is and for years has been the owner and in the actual possession of the southwest quarter of section thirty (30), township twenty-five (25), range twenty (20), in Allen county, Kansas, and that the same is partially inclosed, and about fifty acres thereof broken and in cultivation. “2. Plaintiff further says, that defendant has no interest or right whatever in or to said premises, but that he claims some interest therein adverse to…

1Opinion

MOTION FOR REHEARING.

Plaintiff in error filed a motion for a rehearing of the above case, which motion the court heard at its session in *240July, 1882, and at its session in September, 1882, filed the opinion, infra.

The opinion of the court was delivered by

Horton, C. J.:

It is urged in the argument of counsel presenting this motion, that the court below acted upon illegal evidence, admitted against their objections and exceptions; and that this point was wholly ignored in the opinion rendered. It was decided as early as the case of City of Atchison v. Bartholow, 4 Kas. 124, that a petition…

2Cases cited9 opinions

  1. City of Atchison v. BartholowSupreme Court of Kansas · 1866
  2. Gilmore v. NortonSupreme Court of Kansas · 1872
  3. Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
  4. Simpson v. KimberlinSupreme Court of Kansas · 1874
  5. Willis v. SprouleSupreme Court of Kansas · 1874

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