Fowler v. Young
Supreme Court of Kansas
Error from Cloud IMtrict Court. Action by Mrs. Young, as plaintiff, commenced originally against D. J. Fowler, as administrator, etc., and Anna E. Sage, as defendants.
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Error from Cloud IMtrict Court. Action by Mrs. Young, as plaintiff, commenced originally against D. J. Fowler, as administrator, etc., and Anna E. Sage, as defendants. Plaintiff’s petition, after the caption and title, is as follows: “The plaintiff, Elizabeth Young, (formerly Elizabeth McDowall,) complains of the defendants above named, for. that, on or about the 15th of December 1871, one William McDowall departed this life at Fort Sill, in the Indian Territory, seized and possessed of the tract of land in said county of Cloud, to-wit, the W.\ of the S.W. J of section 28, and the EJ of the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to set aside a will,- brought by the sole heir-at-law against the devisee and the administrator with-the-will-annexed. It was alleged that the will was a forgery, and that the probate thereof was obtained through the perjury of the subscribing witnesses. Two juries in successive trials found against the validity of the will, and from the judgment rendered upon the last verdict, this proceeding in error has been brought.
The first alleged error is in the appointment of a guardian ad litem for the devisee. The appointment was…
2Cases cited3 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Odell v. SargentSupreme Court of Kansas · 1864
3Cited by13 opinions
- City of Atchison v. ByrnesSupreme Court of Kansas · 1879
- Gruble v. RyusSupreme Court of Kansas · 1879
- First Nat. Bank of Shawnee v. Oklahoma Nat. Bank of ShawneeSupreme Court of Oklahoma · 1911
- Morgan v. MorganSupreme Court of Kansas · 1937
- Lucas v. SturrSupreme Court of Arkansas · 1879
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