Comstock v. Adams
Supreme Court of Kansas
Error from Marion District Court. Action brought by Avis F. Comstock, against Loretta Adams,, alias Loretta Comstock, and others, to set aside a certain will executed by Ira Comstock, and to procure a decree declaring-the said Avis F. Comstock to be the owner of one-half of all the property, real and personal, of which the said Ira Com-stock died seized.
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Error from Marion District Court. Action brought by Avis F. Comstock, against Loretta Adams,, alias Loretta Comstock, and others, to set aside a certain will executed by Ira Comstock, and to procure a decree declaring-the said Avis F. Comstock to be the owner of one-half of all the property, real and personal, of which the said Ira Com-stock died seized. The court below made the following findings of fact and conclusions of law, and rendered the following judgment, to wit: “1. That Ira Comstock and Avis F. Comstock were married in the state of New York, in 1844, and lived together as-husband…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
As this court is inclined to agree with the plaintiff in error in this case, it will be proper for us to set forth and discuss the questions which the defendants in error claim are involved in the case. Such questions are as follows:
“First, Does a marriage remain valid, after decree rendered, leaving the party fully competent to marry, upon and after review of the decree of divorce and its annulment? Second, Is not the contract made between Ira Comstock and Avis F. Comstock a valid one, and does it not conclude the plaintiff in error in…
2Cases cited2 opinions
- Dodge v. CoffinSupreme Court of Kansas · 1875
- Crouch v. CrouchWisconsin Supreme Court · 1872
3Cited by15 opinions
- Caswell v. CaswellIllinois Supreme Court · 1887
- Croyle v. CroyleCourt of Appeals of Maryland · 1944
- Postlethwaite v. EdsonSupreme Court of Kansas · 1917
- Bacus v. BurnsSupreme Court of Oklahoma · 1915
- Smith v. FotoMichigan Supreme Court · 1938
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