Legal Opinion

King v. Mollohan

Supreme Court of Kansas

Decided April 7, 1900No. 11,532PublishedCited by 30 opinions

Error from Marion district court; O. L. Moore, judge. STATEMENT. This is a proceeding involving the validity of conveyances and encumbrances of land formerly owned by Martha Bartel, and for a partition of the land among those claiming to inherit it. Prior to February 25, 1893, John J. Bartel and Martha Bartel were married, and had lived together as husband and wife.

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Error from Marion district court; O. L. Moore, judge. STATEMENT. This is a proceeding involving the validity of conveyances and encumbrances of land formerly owned by Martha Bartel, and for a partition of the land among those claiming to inherit it. Prior to February 25, 1893, John J. Bartel and Martha Bartel were married, and had lived together as husband and wife. They were incompatible, however, and the conduct of John J. Bartel toward his wife was such 'as to render a separation necessary for her health and happiness. On the day mentioned they made a post-nuptial agreement, embraced in…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The validity of the post-nuptial agreement by which a division of the property was effected is the controlling question in the case. Under our statute the wife is capable of contracting with her husband, and it has been held that the conveyance of property directly from one to the other will be upheld so far as it is equitable to do so. (Munger v. Baldridge, 41 Kan. 236, 21 Pac. 159.) In Kansas there are not the obstacles to a contract between husband and wife that exist in some of the states, nor is there the same necessity for the…

2Cases cited16 opinions

  1. Rains v. WheelerTexas Supreme Court · 1890
  2. Storey v. StoreyIllinois Supreme Court · 1888
  3. Randall v. RandallMichigan Supreme Court · 1877
  4. Walker v. Walker'sSupreme Court of the United States · 1870
  5. Commonwealth v. RichardsSupreme Court of Pennsylvania · 1890

11 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Hoard v. JonesSupreme Court of Kansas · 1925
  2. In Re the Marriage of TrasterSupreme Court of Kansas · 2014
  3. United States National Bank v. BartgesSupreme Court of Colorado · 1949
  4. Dennis v. PerkinsSupreme Court of Kansas · 1913
  5. Huber v. CulpSupreme Court of Oklahoma · 1915

25 more not listed; retrieve them via the Exa API.

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