McKelvey v. McKelvey
Supreme Court of Kansas
Error from Johnson district court; Winfield H. ShEldon, judge. STATEMENT. This was a suit commenced December 26, 1904, for the partition of the northeast quarter of section 8, township 14, range 24 east, in Johnson county, for rents and profits, and to set aside and hold for naught certain execution proceedings under which the defendant claimed title to the land in controversy.
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Error from Johnson district court; Winfield H. ShEldon, judge. STATEMENT. This was a suit commenced December 26, 1904, for the partition of the northeast quarter of section 8, township 14, range 24 east, in Johnson county, for rents and profits, and to set aside and hold for naught certain execution proceedings under which the defendant claimed title to the land in controversy. The undisputed facts are that Anna K. McKelvey, the plaintiff, is the widow of John C. McKelvey, deceased; that while the marriage relation existed John C. McKelvey was the owner of the land in controversy; that they…
1Opinion of the Court
*328The opinion of the court was delivered by
Greene, J.:
Before examining the errors assigned it should be ascertained whether the, plaintiff ever had any interest in the- land in controversy, and, if so, the nature of such interest, and whether it was barred by the statute of limitations. If the facts stated in her petition disclose that she never had any interest in the land, or that her cause of action was barred by the statute of limitations, no errors committed on the trial could be prejudicial to her.
Upon the first question here suggested it is contended that under our statute a non-resident…
2Cases cited2 opinions
- Busenbark v. BusenbarkSupreme Court of Kansas · 1885
- Flanigan v. WatersSupreme Court of Kansas · 1896
3Cited by13 opinions
- Blair v. BlairSupreme Court of Kansas · 1915
- Ackers v. First National Bank of TopekaSupreme Court of Kansas · 1963
- Putnam v. PutnamSupreme Court of Kansas · 1919
- Jackson v. LeeSupreme Court of Kansas · 1964
- Hamblin v. MarchantSupreme Court of Kansas · 1919
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