Spiher v. Johnson

The opinion of the court was delivered by

Porter, J.:

This is an appeal from an order overruling defendants’ demurrer to the petition, and from an order overruling their motion to dissolve plaintiff’s attachment.

The action was to compel the specific performance of an alleged contract for the sale of lands. In substance the petition alleges that Oscar E. Johnson died intestate in Carrol county, Illinois, owning lands in Gove county, Kansas, and that no administrator had been appointed of his estate; that defendant, Mrs. Johnson as the widow of Oscar E. Johnson, deceased, owned an undivided…