Legal Opinion

Nairn v. Ewalt

Supreme Court of Kansas

Decided January 15, 1893PublishedCited by 8 opinions

Error from Barton District Court. Action by Nairn against Ewalt and another, to cancel a conveyance of real estate, on the ground of fraud. Judgment for defendants, and plaintiff comes to this court. The opinion states the facts. The defendant in error objected to the introduction of evidence under the amended petition, which the court sustained, and of this ruling plaintiff in error complains.

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Error from Barton District Court. Action by Nairn against Ewalt and another, to cancel a conveyance of real estate, on the ground of fraud. Judgment for defendants, and plaintiff comes to this court. The opinion states the facts. The defendant in error objected to the introduction of evidence under the amended petition, which the court sustained, and of this ruling plaintiff in error complains. The petition was not attacked by motion or demurrer, and should have been liberally construed as against an objection of this kind, and objection should have been overruled. Meagher v. Morgan, 3 Kas.…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

On the 24th of October, 1888, Mrs. Mary C. Nairn was the owner of a quarter section of land in Barton county, in this state. She had appointed her husband, C. W. Nairn, as her agent to trade or sell this real estate for her. About that time, J. S. Ewalt and O. B. Wilson offered, to trade for her land, through her husband, an assorted stock of boots and shoes, represented to be worth $4,400. The stock was in New York, or some place outside of Kansas, but the parties had an invoice thereof. Soon after the trade was agreed upon, Mrs. Nairn,…

2Cases cited4 opinions

  1. McKee v. EatonSupreme Court of Kansas · 1881
  2. Graffenstein v. E. Epstein & Co.Supreme Court of Kansas · 1880
  3. Mohler v. CarderSupreme Court of Iowa · 1887
  4. Medbury v. WatsonMassachusetts Supreme Judicial Court · 1843

3Cited by8 opinions

  1. Griffith v. Byers Construction Co. of Kansas, Inc.Supreme Court of Kansas · 1973
  2. Jenkins v. McCormickSupreme Court of Kansas · 1959
  3. Griesa v. ThomasSupreme Court of Kansas · 1916
  4. Andres v. ClaassenSupreme Court of Kansas · 1986
  5. Larrick v. JacobsonSupreme Court of Kansas · 1934

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