Atkinson v. J. R. Crowe Coal & Mining Co.
Citations
- 80 Kan. 161
- 102 P. 50
- 1909 Kan. LEXIS 38
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Jury Trial — Title to Beal Estate — Form of the Action. In an action commenced for the purpose of settling disputed questions of title to real estate, and to recover the possession thereof, either party is entitled to a jury as matter of right, . regardless of the form in which the action may be brought.</p> <p>2. - Same. While a person was in the actual, exclusive and peaceable possession of real estate, claiming to be the owner thereof, another person, claiming to be the owner of the coal and mineral in such land and to have a right to use the surface for mining purposes, attempted to enter thereon for such purpose, but was forcibly prevented by the person in possession, who denied such claimed ownership of the coal. The person out of possession then commenced a suit to obtain a perpetual injunction to restrain the person in possession from interfering with the mining and removal of the coal. In that suit the defendant was, upon demand, denied a trial by jury. Held, error.</p>
Judges: Graves
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15 cases in this archive cite this case.
- J. R. Crowe Coal & Mining Co. v. AtkinsonSupreme Court of Kansas· 1911-07-07· cited 28×
- Rognrud v. ZubertSupreme Court of Minnesota· 1969-02-21· cited 23×
- Gordon v. MunnSupreme Court of Kansas· 1910-10-08· cited 21×
- Houston v. GoemannSupreme Court of Kansas· 1917-01-06· cited 21×
- Akins v. HolmesSupreme Court of Kansas· 1913-06-07· cited 20×
- Foltz v. BrakhageNebraska Supreme Court· 1949-04-14· cited 16×
- City of Osawatomie v. SlaymanSupreme Court of Kansas· 1958-04-12· cited 12×
- Provident Mutual Life Insurance v. State Highway CommissionSupreme Court of Kansas· 1942-05-09· cited 12×
- Farmers State Bank v. LanningSupreme Court of Kansas· 1946-11-09· cited 8×
- Postlethwaite v. EdsonSupreme Court of Kansas· 1920-02-07· cited 5×
- Rayl v. BrownSupreme Court of Kansas· 1921-02-12· cited 5×
- Baker v. LaneSupreme Court of Kansas· 1910-06-11· cited 3×
- Lawrence Building & Loan Ass'n v. TaylorSupreme Court of Kansas· 1938-07-09· cited 2×
- McNeal Machinery Co. v. Empire Brick & Gas Co.Supreme Court of Kansas· 1911-07-07· cited 1×
- Lochmann v. CaruthersSupreme Court of Kansas· 1920-12-11· cited 1×
Cites
2 cases in this archive are cited by this case.
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