Pollock v. Agner
Supreme Court of Kansas
Error from Cowley District Court. On and prior to November 6, 1888, Mrs. Alice Agner was the owner of lot 6, block 2, Gilstrap’s addition to Arkansas City, in this state. It was worth about $900, and her husband was authorized to sell it at that price. The husband, R. H. Agner, on November 6, 1888, made a wager or bet with Wm. J. Pollock on the result of the presidential election. On that day he had his wife execute a deed to Wm.
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Error from Cowley District Court. On and prior to November 6, 1888, Mrs. Alice Agner was the owner of lot 6, block 2, Gilstrap’s addition to Arkansas City, in this state. It was worth about $900, and her husband was authorized to sell it at that price. The husband, R. H. Agner, on November 6, 1888, made a wager or bet with Wm. J. Pollock on the result of the presidential election. On that day he had his wife execute a deed to Wm. J. Pollock for said lot 6, reciting $600 as a consideration, telling her, however, that the consideration was $900 and that he was to receive that amount for the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is insisted that, if Mrs. Alice Agner was entitled to recover a judgment in her favor, it should have been for the annulment of the conveyances alleged in her petition and the reinvestment in her of the title to the property ; therefore, that the trial court erred in rendering a personal judgment for the value thereof. No objection appears in the record to have been taken to the amended petition on account of any misjoinder of parties or causes of action, or for duplicity or multifariousness. The parties submitted the case to the court…
2Cases cited1 opinion
- Reynolds v. McKinneySupreme Court of Kansas · 1866
3Cited by2 opinions
- Simpson v. BrooksSupreme Court of Arkansas · 1945
- Ware v. SpinneySupreme Court of Kansas · 1907