Leonard v. Wills
Supreme Court of Kansas
Error from Montgomery District Court. Action brought by Wills against Leonard and two others, to correct a mistake, supply an omission, and amend the description of certain premises, contained in a warranty deed, so as to make the description correspond with the actual intention of the parties thereto. Trial at the September Term, 1879, of the district court, and judgment for the plaintiff. The defendants bring the case here. The facts appear in the opinion.
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Error from Montgomery District Court. Action brought by Wills against Leonard and two others, to correct a mistake, supply an omission, and amend the description of certain premises, contained in a warranty deed, so as to make the description correspond with the actual intention of the parties thereto. Trial at the September Term, 1879, of the district court, and judgment for the plaintiff. The defendants bring the case here. The facts appear in the opinion. But even if the jurisdiction was complete, the demurrer was good, for the reason that the petition asked the court to reform a nullity…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
In this action, the plaintiff below, Sarah A. Wills, filed her petition in the district court, setting forth the following, among other facts: From September 15, 1872, up to December 14,1878, the plaintiff and Thomas H. Wills, were husband and wife, at which latter date, Wills died intestate, leaving the plaintiff and the defendants, Urana E. Leonard; W. L. Wills and Enola J. Grass, children of the intestate, as his sole and only heirs. During the existence of the marriage relation between the plaintiff and said Thomas *235H. Wills, and prior…
2Cases cited4 opinions
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Knaggs v. MastinSupreme Court of Kansas · 1872
- Stewart v. BrandSupreme Court of Iowa · 1867
- Miller v. DavisSupreme Court of Kansas · 1873
3Cited by1 opinion
- Withroder v. WiederoderSupreme Court of Kansas · 1943