Legal Opinion

New v. Smith

Supreme Court of Kansas

Decided December 12, 1903No. 13,365PublishedCited by 8 opinions

Error from Greenwood district court; G. P. Airman, judge.

1Per curiam

Plaintiffs’ petition contained two causes of action. With some stretch of liberality in construction, we may say that the first states an action in ejectment for the recovery of certain real estate, in behalf of all the plaintiffs. We have greater difficulty in determining that the second cause states facts sufficient upon which to base any claim for relief; but allowing that it does, it would be for ■equitable relief to set aside a deed obtained through fraud, duress, or undue influence. It contains no allegation what•ever warranting the giving of any relief to any of the plaintiffs except…

2Cited by8 opinions

  1. New v. SmithSupreme Court of Kansas · 1911
  2. New v. SmithSupreme Court of Kansas · 1915
  3. Martindale v. BatteySupreme Court of Kansas · 1906
  4. New v. SmithSupreme Court of Kansas · 1916
  5. Jones v. BalsleySupreme Court of Oklahoma · 1910

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