Moore v. Moore

The opinion of the court was delivered by

West, J.:

This appeal involves the correctness of the trial court’s ruling in sustaining a demurrer to the plaintiff’s evidence. It was said in the former opinion (Moore v. Moore, 93 Kan. 697, 150 Pac. 230), that as there was some evidence fairly tending to establish a right to relief, the case should have been decided upon the preponderance of the entire evidence, and that the effect of depositing the deed was largely one of intention. With this result and the law as expressed in the former syllabus we are content.

Owing to a mistake in the abstract…