Koch v. Wolf

The opinion of the court was delivered by

Hutchison, J.:

This action was one for the recovery of real property, seeking to enforce an oral contract for an undivided one-third interest in and partition of certain real property. The trial *248court sustained a general demurrer to the petition, and the plaintiff has appealed.

The petitioner alleged that when he was about nine years old his widowed mother in 1895 married August J. Wolf, who had two daughters by a former marriage; that in 1902 Wolf purchased 240 acres of land in Atchison county, using for such purchase some of the funds accumulated by…