Legal Opinion · Dissent

Wilson v. First National Bank

Supreme Court of Kansas

Decided June 7, 1947No. 36,871Published

1DissentBurch, J.

With regret I realize that I -cannot concur in the majority opinion. Of course, the able author of the court’s opinion cannot be criticized for having made an earnest effort to justify a conclusion which, in my opinion, is incorrect. Although I have sincere respect therefor, I am unable to follow the legal logic in the opinion. As I read the record in this case, the First National Bank in Wichita, in its capacity as trustee, was not named as a party defendant even though an abstract of title would have disclosed that it had acted in such capacity in executing oil and gas leases on its trustee…

2Cases cited4 opinions

  1. Withers v. MillerSupreme Court of Kansas · 1934
  2. Farmers' Loan & Trust Co. v. EssexSupreme Court of Kansas · 1903
  3. Phillips v. ParkerSupreme Court of Kansas · 1938
  4. Sonnenberg v. SteinbachSouth Dakota Supreme Court · 1897

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