40 Kan. 641 | Kan. | 1889
The opinion of the court was delivered by
A decision of this cause was made on June 9, 1888, reversing the judgment of the district court and remanding it for a new trial. (39 Kas. 548.) Two motions are now presented: one for a rehearing, and another asking this court to determine and direct the judgment which should be given by the district court.
We see no reason to change the views already expressed or the ruling made upon the first consideration; and hence the motion for a rehearing must be denied. But under the agreement of the parties with respect to the facts, the second motion will be entertained and allowed. Because of an ambiguity in the findings, the court did not then feel warranted in determining the share to which the plaiutiff was entitled in the land, or in ordering the judgment which should be entered by the district court. It is now shown that there is no disagreement as to the facts necessary to a determination of the interest held
The judgment of the district court will be reversed, and one entered by that court vacating the judgment mentioned in the plaintiff’s petition, quieting the title to the land in favor of Aaron Parrent, and also setting aside the tax deed in his favor, mentioned in the petition, and decreeing that the plaintiff shall recover a one-twelfth portion of the land in controversy, which shall be partitioned and set apart to him in the manner prescribed by statute.