Simons v. McLain
Supreme Court of Kansas
Error from Sedgwick District Court. The facts on which are based the claims of Lewis Simons, the plaintiff, and Hester McLain, the defendant, are as follows: On the 17th day of May, 1872, and for more than one year prior thereto, Charles H. Hunter was the owner in fee simple of the northeast quarter of the northeast quarter of section 28, township 27 south, of range 1 east of the sixth principal meridian, in Sedgwick county.
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Error from Sedgwick District Court. The facts on which are based the claims of Lewis Simons, the plaintiff, and Hester McLain, the defendant, are as follows: On the 17th day of May, 1872, and for more than one year prior thereto, Charles H. Hunter was the owner in fee simple of the northeast quarter of the northeast quarter of section 28, township 27 south, of range 1 east of the sixth principal meridian, in Sedgwick county. On the 17th day of May, 1872, while still seized in fee simple of said lands, Hunter, a single man, executed and delivered to Lewis Simons and E. G. Tewksbury his…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
One question only is presented by the record, and that is, whether, on the 22d day of March, 1877, the date of the death of E. G. Tewksbury, estates by joint tenancy existed in Kansas. By the common law, if an estate was conveyed to two or more persons without indicating how the same was to be held, it was understood to be in joint tenancy. A joint tenancy is defined to be, “ when several persons have any subject of property jointly between them in equal shares by purchase.55 “ Each has the whole and every part, with the benefit of…
2Cases cited4 opinions
- Baker v. StewartSupreme Court of Kansas · 1888
- Whittlesey v. FullerSupreme Court of Connecticut · 1836
- Dowling v. SalliotteMichigan Supreme Court · 1890
- Phelps v. JepsonConnecticut Superior Court · 1769
3Cited by9 opinions
- Johnson v. Capitol Federal Savings & Loan Assoc.Supreme Court of Kansas · 1974
- In Re Estate of FosterSupreme Court of Kansas · 1958
- Eastman, Administrator v. MendrickSupreme Court of Kansas · 1975
- In Re Estate of ShieldsCourt of Appeals of Kansas · 1978
- Noble v. TeepleSupreme Court of Kansas · 1897
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