(DOWNLOAD) "Hindman v. Shepard" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hindman v. Shepard
- Author : Supreme Court of Kansas
- Release Date : January 11, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The opinion of the court was delivered by This action was initiated by plaintiffs, D.A. Hindman and
Charley A. Lynd, to quiet their title to 333 acres of land
located in Rooks County, Kansas. Some of the defendants answered
denying plaintiffs' title and by counterclaim they sought to
establish their ownership, to have the plaintiffs ejected and to
recover damages for wrongful possession. The plaintiffs prevailed
in the court below. This appeal was taken by some of the
defendants. Plaintiffs' (appellees') title to the real estate is based upon
a warranty deed from George W. Atherton and wife dated and filed
of record on February 11, 1944, conveying the premises to
appellee, Charley A. Lynd. In addition a judgment in a quiet
title action was entered in 1944 against these same
defendants-appellants or their privies. Appellants' counterclaim
constitutes a collateral attack upon the prior judgment quieting
the title of Charley A. Lynd. The prior judgment was entered
April 12, 1944, in Case No. 7807, entitled Lynd v. Hillman, et
al, in the District Court of Rooks County, Kansas. No appeal was
taken from that judgment. Defendants (appellants) contend this
judgment is void for fraud and lack of jurisdiction.
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