Foster v. Foster

The opinion of the court was delivered by

Harvey, J.:

This is an action to partition forty acres of land in Bourbon county. The parties are the heirs of Andrew T. Foster, who died in 1918 intestate, with the title of the land of record in his name. The only defendant contesting the partition was John H. Foster, who answered, claiming exclusive ownership of the land by virtue of an oral agreement made with his father in 1881 to the effect that if he should come from Indiana, where he was then living, to Kansas, the father would buy this forty acres of land, and he should improve it and make a…