Legal Opinion

Rice v. Poynter

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 3 opinions

jError from, Doniphan District Court. Action by Poynter to quiet his title to the N.J of N.W.jr of Sec. 8, Township 3 south, Range 20 east, in Doniphan county.

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jError from, Doniphan District Court. Action by Poynter to quiet his title to the N.J of N.W.jr of Sec. 8, Township 3 south, Range 20 east, in Doniphan county. Poynter’s petition alleges that at the December Term 1862 of the district court he recovered a judgment against one Alfred L. Rice and Ladorsha his wife, for $511.25 in an action wherein said Poynter was plaintiff and said Rice and wife were defendants; that at the commencement of said action he sued out an order of attachment which was duly and legally executed by the seizure and appraisement of the eighty acres of land in controversy…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

1.Reforming sheriff's deed,

*267 2. secondary records.

*266This was an action to reform a sheriff’s deed, so as to make it read “ section 8,” instead of “ section 28,” where the latter occurs. Without stopping to consider whether this may be done in any case, we shall immediately pass to the question whether it can be done under the circumstances-of this particular case. On the trial of the case in the district court the plaintiff below, Samuel Poynter, introduced in evidence the sheriff’s deed, the judgment upon the deed was founded, including…

2Cases cited2 opinions

  1. White-Crow v. White-WingSupreme Court of Kansas · 1865
  2. Benz v. HinesSupreme Court of Kansas · 1866

3Cited by3 opinions

  1. Warren v. StinsonNorth Dakota Supreme Court · 1896
  2. Ganey v. SikesSupreme Court of Alabama · 1884
  3. Landis Christmas Savings Club v. Merchants National BankSupreme Court of North Carolina · 1919

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