Supreme Court of Kansas March 9, 1918, No. 21,350 (Berry v. Dewey)

The opinion of the court was delivered by

Marshall, J.:

In June, 1908, the defendants, with other persons, ten in all, armed, left the ranch of defendant Chauncey Dewey and went to the home of Alpheus Berry, about five miles distant, to get a water tank that had been purchased by Chauncey Dewey at an execution sale on the day previous.