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Brown v. Oliver

Kansas Supreme Court
256 P. 1008 (1927)


Facts

Brown (plaintiff) purchased land from Oliver (defendant). On part of this land stood a hotel, which was being leased and operated by a third person. The parties had a written contract drafted by a scrivener, but it made no mention of the personal property contained in the hotel. After entering into the agreement, Oliver had the lease assigned to him and took possession of the hotel. Brown told Oliver to leave and Oliver did, but took the personal property with him in the middle of the night. Brown filed a suit in replevin, requesting possession of the personal property. The trial court held in Brown’s favor. Oliver appeals.

Rule of Law

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Issue

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Holding and Reasoning (Burch, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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