Merket v. Smith
Supreme Court of Kansas
Error from Greenwood District Court. ActioN by J. W. Kenner, guardian of Marais de Cygne Merket and Josephine Merlcet, minor heirs of William Merket, deceased, against Sarah Ann Smith and William M. Smith, brought March 15,1878, in the district court of Greenwood county, to establish a trust and compel a conveyance of the north half of the northeast quarter of section 11, and the south half of the southeast quarter of section 2, in township 27, of range 11 east, in all 160…
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Error from Greenwood District Court. ActioN by J. W. Kenner, guardian of Marais de Cygne Merket and Josephine Merlcet, minor heirs of William Merket, deceased, against Sarah Ann Smith and William M. Smith, brought March 15,1878, in the district court of Greenwood county, to establish a trust and compel a conveyance of the north half of the northeast quarter of section 11, and the south half of the southeast quarter of section 2, in township 27, of range 11 east, in all 160 acres. Marais de Cygne Mer-ket died .in the fall of 1865. At the time of the trial, Josephine Merlcet was substituted as…
1Opinion of the Court
The opinion of the court was delivered by
HortON, C. J.:
It is contended on the part of the defendant that this court cannot pass upon the merits of this case, because it does not affirmatively appear from the record that all of the evidence upon which the district court acted is before us. Brown v. Johnson, 14 Kas. 377, is cited as conclusive. In that case it was said that it was easy to perceive that many things might have entirely overthrown the testimony presented. Such is not the case here. It was held in Wolf v. Washer, 32 Kas. 537, that—
“In order to sustain a demurrer to the evidence,…
2Cases cited7 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Schieffelin v. StewartNew York Court of Chancery · 1815
- Wolf v. WasherSupreme Court of Kansas · 1884
- Morrill v. RaymondSupreme Court of Kansas · 1882
- Seaman v. CookIllinois Supreme Court · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Acker v. NormanSupreme Court of Kansas · 1906
- Kline v. OrebaughSupreme Court of Kansas · 1974
- Chancellor v. ChancellorSupreme Court of Alabama · 1912
- Edney v. BaumNebraska Supreme Court · 1903
- Naltner v. DolanIndiana Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.