Legal Opinion

Franklin v. Colley

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 21 opinions

Error from Wyandotte Eistriet Court. Action to establish the existence of a trust, and to compel •a conveyance of real property. The facts and proceedings .are sufficiently stated in the opinion. The district court, at the October Term 1871, found in favor of Colley, plaintiff below, and gave judgment establishing the trust, etc.

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Error from Wyandotte Eistriet Court. Action to establish the existence of a trust, and to compel •a conveyance of real property. The facts and proceedings .are sufficiently stated in the opinion. The district court, at the October Term 1871, found in favor of Colley, plaintiff below, and gave judgment establishing the trust, etc. The ■decree, after the title, cajition, etc., is as follows : “And thereupon it is by the court considered and adjudged that the said Lou Colley is entitled to the said one undivided moiety of the said lands and tenements, and said defendant Ann Franklin holds the…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The facts in this case are in brief as follows: Ann Franklin and Lou Colley, both being females, and unmarried at that time, jointly purchased two lots in the city of Wyandotte, each furnishing an equal portion of the consideration; but by a parol agreement, and without any fraudulent intent, they had the deed made to Ann Franklin alone so that she might hold the property until Lou Colley became of age. They took possession of the property jointly, built a house thereon, and both resided in the house until Ann Franklin dispossessed Lou…

2Cases cited1 opinion

  1. Moore v. WadeSupreme Court of Kansas · 1871

3Cited by21 opinions

  1. Jackson v. JacksonSupreme Court of Georgia · 1920
  2. Harrison v. AndrewsSupreme Court of Kansas · 1877
  3. Silvers v. HowardSupreme Court of Kansas · 1920
  4. Rayl v. RaylSupreme Court of Kansas · 1897
  5. Bartholomew v. GuthrieSupreme Court of Kansas · 1905

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