Thank you for visiting SNEWPapers!
Sign up free
Story
January 16, 1898
The Wichita Daily Eagle
Wichita, Sedgwick County, Kansas
What is this article about?
Kansas Appellate Court closes January term, hears principal case of Hume vs. Atkinson from Cowley County on validity of Kaw Reservation land leases and corn sale rights; Atkinson prevails in lower court. Numerous other cases from counties like Harper, Butler, and Sedgwick decided with affirmations, reversals, etc.
Clipping
OCR Quality
95%
Excellent
Full Text
Validity of Reservation Contracts in Test.
HANDS DOWN DECISIONS
Appellate Court Hears Cowley County Case and Adjourns.
The court of appeals closed the session of the January term and handed down a number of decisions yesterday.
The case of George T. Hume, plaintiff in error, vs. C. T. Atkinson, defendant in error, from Cowley county, was the principal case yesterday. Mr. Hume is a cattleman and lives in Texas, and Mr. Atkinson is ex-county attorney of Cowley county. Mr. Hume was represented by C. L. Brown of Winfield and Mr. Atkinson by Attorneys Adams & Adams of this city. The case involved the right of leasing of lands in the Kaw Reservation in the Indian Territory and the sale of about 4,000 bushels of corn growing upon the land occupied by a party in the territory. It appeared that Mr. Hume had purchased the corn that grew on the leased premises and that the party of whom he purchased had transferred his claim to Mr. Atkinson, who recovered judgment against Mr. Hume in the lower court. Mr. Hume's attorney, Mr. Brown, claimed that the person of whom Mr. Hume purchased the corn had no lease for the land upon which the corn grew, as provided by the several acts of congress, and was a trespasser upon the land, and that Mr. Atkinson had no greater right than the party from whom he received the claim. John Adams, who argued the case in behalf of Mr. Atkinson, maintained that, although the party from whom Mr. Atkinson had purchased the claim may have been a trespasser upon the land upon which the corn was raised, even though under the several acts of congress Mr. Hume would not be compelled to pay for the value of the corn received by him, and that the question of the legality of the lease was between the government and the person from whom Mr. Hume purchased the corn, and that the same could not be taken advantage of by Mr. Hume, and set forth authorities in support of his position, hence a judgment in this case is watched with interest as to the view the court may take upon the question of crops raised in the Indian Reservations.
The following decisions were handed down at 9 o'clock this morning:
CENTRAL DIVISION.
M. F. Thayer vs. Albert Honeywell et al, error from Harper county: reversed.
E. Howland vs. W. F. Thayer et al, error from Harper county: reversed.
The Missouri Pacific Railway company vs. J. A. Prewit and Mary I. Prewit, error from Butler county; affirmed.
Louis Steinbuchel et al vs. the Kansas Midland Railway company, error from Sedgwick county; affirmed.
Wichita and Western Railway company vs. Henry Hart, error from Kingman county; affirmed.
John T. Kille vs. C. A. Bentley et al, error from Reno county: affirmed.
EASTERN DIVISION.
Greef Brothers vs. Stella Brown, error from Crawford county: reversed.
J. M. Courtney, receiver, vs. the city of Cherryvale, the Commercial National bank of Independence, and Geo. T. Guernsey; error from Montgomery county: affirmed.
Uriah Dyes vs. D. F. Dumbauld, error from Coffey county: affirmed.
T. S. Lother vs. Olive Campbell, error from Franklin county; reversed.
Edna Jones vs. School District No. 144 Elk county: reversed.
WESTERN DIVISION.
State of Kansas vs. John Miller, error from Pawnee county: remanded.
Johnson Loan and Trust company vs. George H. Burt and the State Bank of St. John: error from Stafford county: affirmed.
Ed. F. Madden vs. J. C. Walker: error from Rush county: affirmed.
Mary Lyle vs. John M. Ligenfelter et al; error from Finney county: continued.
State Bank of St. John vs. Herman E. Grover: error from Kiowa county; reversed.
Atchison, Topeka and Santa Fe Railroad company vs. Solomon R. Dorsett: error from Sumner county: remanded and new trial ordered.
The Anglo-American Land Mortgage and Agency company vs. Ernest G. Lewger: error from Pratt county; reversed.
The Gille Hardware and Iron company vs. R. E. Edwards and W. D. Erwine: error from Edwards county; dismissed.
John Cupples and M. W. Rex vs. the Almo Irrigation and Manufacturing company: error from Hamilton county; reversed.
The Missouri Pacific Railway company vs. Frank McGrath: error from Greeley county: reversed.
Independent Township, Barton county, vs. Fredericka Guldner: error from Barton county: affirmed.
HANDS DOWN DECISIONS
Appellate Court Hears Cowley County Case and Adjourns.
The court of appeals closed the session of the January term and handed down a number of decisions yesterday.
The case of George T. Hume, plaintiff in error, vs. C. T. Atkinson, defendant in error, from Cowley county, was the principal case yesterday. Mr. Hume is a cattleman and lives in Texas, and Mr. Atkinson is ex-county attorney of Cowley county. Mr. Hume was represented by C. L. Brown of Winfield and Mr. Atkinson by Attorneys Adams & Adams of this city. The case involved the right of leasing of lands in the Kaw Reservation in the Indian Territory and the sale of about 4,000 bushels of corn growing upon the land occupied by a party in the territory. It appeared that Mr. Hume had purchased the corn that grew on the leased premises and that the party of whom he purchased had transferred his claim to Mr. Atkinson, who recovered judgment against Mr. Hume in the lower court. Mr. Hume's attorney, Mr. Brown, claimed that the person of whom Mr. Hume purchased the corn had no lease for the land upon which the corn grew, as provided by the several acts of congress, and was a trespasser upon the land, and that Mr. Atkinson had no greater right than the party from whom he received the claim. John Adams, who argued the case in behalf of Mr. Atkinson, maintained that, although the party from whom Mr. Atkinson had purchased the claim may have been a trespasser upon the land upon which the corn was raised, even though under the several acts of congress Mr. Hume would not be compelled to pay for the value of the corn received by him, and that the question of the legality of the lease was between the government and the person from whom Mr. Hume purchased the corn, and that the same could not be taken advantage of by Mr. Hume, and set forth authorities in support of his position, hence a judgment in this case is watched with interest as to the view the court may take upon the question of crops raised in the Indian Reservations.
The following decisions were handed down at 9 o'clock this morning:
CENTRAL DIVISION.
M. F. Thayer vs. Albert Honeywell et al, error from Harper county: reversed.
E. Howland vs. W. F. Thayer et al, error from Harper county: reversed.
The Missouri Pacific Railway company vs. J. A. Prewit and Mary I. Prewit, error from Butler county; affirmed.
Louis Steinbuchel et al vs. the Kansas Midland Railway company, error from Sedgwick county; affirmed.
Wichita and Western Railway company vs. Henry Hart, error from Kingman county; affirmed.
John T. Kille vs. C. A. Bentley et al, error from Reno county: affirmed.
EASTERN DIVISION.
Greef Brothers vs. Stella Brown, error from Crawford county: reversed.
J. M. Courtney, receiver, vs. the city of Cherryvale, the Commercial National bank of Independence, and Geo. T. Guernsey; error from Montgomery county: affirmed.
Uriah Dyes vs. D. F. Dumbauld, error from Coffey county: affirmed.
T. S. Lother vs. Olive Campbell, error from Franklin county; reversed.
Edna Jones vs. School District No. 144 Elk county: reversed.
WESTERN DIVISION.
State of Kansas vs. John Miller, error from Pawnee county: remanded.
Johnson Loan and Trust company vs. George H. Burt and the State Bank of St. John: error from Stafford county: affirmed.
Ed. F. Madden vs. J. C. Walker: error from Rush county: affirmed.
Mary Lyle vs. John M. Ligenfelter et al; error from Finney county: continued.
State Bank of St. John vs. Herman E. Grover: error from Kiowa county; reversed.
Atchison, Topeka and Santa Fe Railroad company vs. Solomon R. Dorsett: error from Sumner county: remanded and new trial ordered.
The Anglo-American Land Mortgage and Agency company vs. Ernest G. Lewger: error from Pratt county; reversed.
The Gille Hardware and Iron company vs. R. E. Edwards and W. D. Erwine: error from Edwards county; dismissed.
John Cupples and M. W. Rex vs. the Almo Irrigation and Manufacturing company: error from Hamilton county; reversed.
The Missouri Pacific Railway company vs. Frank McGrath: error from Greeley county: reversed.
Independent Township, Barton county, vs. Fredericka Guldner: error from Barton county: affirmed.
What sub-type of article is it?
Historical Event
What themes does it cover?
Justice
What keywords are associated?
Appellate Court
Cowley County Case
Kaw Reservation
Land Lease
Corn Purchase
Indian Territory
Court Decisions
What entities or persons were involved?
George T. Hume
C. T. Atkinson
C. L. Brown
John Adams
Adams & Adams
Where did it happen?
Cowley County, Kaw Reservation In The Indian Territory
Story Details
Key Persons
George T. Hume
C. T. Atkinson
C. L. Brown
John Adams
Adams & Adams
Location
Cowley County, Kaw Reservation In The Indian Territory
Event Date
January Term
Story Details
George T. Hume, a Texas cattleman, sued C. T. Atkinson, ex-county attorney of Cowley county, over the purchase of 4,000 bushels of corn grown on leased land in the Kaw Reservation. Hume's attorney argued the seller was a trespasser without a valid lease under congressional acts, invalidating Atkinson's claim. Atkinson's attorney maintained the lease legality was a government matter, not Hume's defense, supported by authorities. The case's judgment on crops in Indian Reservations is of interest. The court also handed down decisions in multiple other cases from various counties, including reversals, affirmations, remands, and dismissals.