McKinney v. Ward
Supreme Court of Kansas
Error from Allen District Court. This was an action brought by the plaintiffs in error against the defendants in error, to subject a certain lot and building in Iola, Kansas, to a judgment obtained by the plaintiffs in error against John Ward. The record shows substantially the following facts: That John Ward and Bridget Ward were husband and wife, and came to Allen county, Kansas, about the year 1877, at which time Bridget Ward had $2,000 in money in her own right.
Read the full summary
Error from Allen District Court. This was an action brought by the plaintiffs in error against the defendants in error, to subject a certain lot and building in Iola, Kansas, to a judgment obtained by the plaintiffs in error against John Ward. The record shows substantially the following facts: That John Ward and Bridget Ward were husband and wife, and came to Allen county, Kansas, about the year 1877, at which time Bridget Ward had $2,000 in money in her own right. John Ward had no property of any kind. The money belonging to Bridget Ward was by her husband invested in farming lands in Allen…
1Opinion of the Court
Opinion by
Clogston, C.:
The record shows that the question involved was one of fact, and depended largely upon the bonajides of the transactions between Ward and wife. The court having found in favor of the defendants upon all of the *281issues, the rule established by this court will limit our inquiry to the question whether there was evidence tending to support the finding of the court. The evidence was undisputed that whatever money Ward and wife had at the time of their coming to Kansas, was the sole and separate property of Mrs. Ward, the larger per cent, of it being her earnings before her…