Greenwood v. Greenwood
Supreme Court of Kansas
Appeal from Riley district court. STATEMENT. This is an appeal by Ashford W. Greenwood from an order made by the district court of Riley county setting aside a contract for the sale of land entered into between Annie M. Greenwood and himself. The original judgment and decree in this case was rendered on the 2d day of December, 1897, a little more than twelve years prior to the filing of the motion upon which the order complained of was made.
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Appeal from Riley district court. STATEMENT. This is an appeal by Ashford W. Greenwood from an order made by the district court of Riley county setting aside a contract for the sale of land entered into between Annie M. Greenwood and himself. The original judgment and decree in this case was rendered on the 2d day of December, 1897, a little more than twelve years prior to the filing of the motion upon which the order complained of was made. The original decree of divorce awarded to Annie M. Greenwood the custody of the two minor children, Grace Greenwood and Helen Greenwood, and further…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The defendant’s contention is that after twelve years had elapsed from the time the original decree was entered the court had no jurisdiction on the motion of persons not parties to the original action to make any order in the premises, and that since there was no claim on the part of the children that they were not being properly cared for, the case does not come within the rule declared in Miles w. Miles, 65 Kan. 676. In that case it was held:
“Under the provisions of section 645 of the code of civil procedure (Gen. Stat. 1901, § 5138.,…
2Cases cited1 opinion
- Miles v. MilesSupreme Court of Kansas · 1902
3Cited by16 opinions
- Sharp v. SharpSupreme Court of Kansas · 1941
- Davis v. DavisSupreme Court of Kansas · 1937
- Travis v. TravisSupreme Court of Kansas · 1947
- Janney v. JanneySupreme Court of Kansas · 1944
- Purdy v. ErnstSupreme Court of Kansas · 1914
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