Somers v. Somers
Supreme Court of Kansas
Error from Sedgwick District Court. Action by Isaac Somers against his wife, Catherine Somers, to recover the title to certain land, etc.
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Error from Sedgwick District Court. Action by Isaac Somers against his wife, Catherine Somers, to recover the title to certain land, etc. The plaintiff prayed for a decree setting apart to him as his permanent alimony the southeast quarter of section 23, township 28, range 2 east, in Sedgwick county; that the defendant be decreed to hold the title thereof in trust for him; that she be ordered to re-convey the same by good and sufficient deed of general warranty ; and in case the title thereof cannot be so conveyed, then for a judgment of five thousand dollars, the value of said premises, and…
1Opinion of the Court
Opinion by
Simpson, C.:
The petition of the plaintiff in error, (plaintiff below,) contains two counts: the first for alimony alone, by reason of the aggression of the wife; and the second praying for a decree declaring a conveyance to land made by the husband to the wife, through a third party, to be in trust, and an assignment of this land as alimony. The blending of the two propositions in the statement of the second *136cause of action is somewhat peculiar, and we are in some doubt as to the proper construction to be given the pleadings, for if the land is to be decreed as alimony, this is a…
2Cited by6 opinions
- Brenger v. BrengerWisconsin Supreme Court · 1910
- Greene v. GreeneNebraska Supreme Court · 1896
- Poloke v. PolokeSupreme Court of Oklahoma · 1913
- Hoagland v. HoaglandUtah Supreme Court · 1899
- LeSueur v. LeSueurSupreme Court of Kansas · 1966
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