Johnson v. Brown
Supreme Court of Kansas
Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. This was a suit for partition of certain real estate. The trial court sustained a demurrer to the petition, and plaintiff, electing to stand upon the petition, prosecutes error.
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Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. This was a suit for partition of certain real estate. The trial court sustained a demurrer to the petition, and plaintiff, electing to stand upon the petition, prosecutes error. The. amended petition, omitting the caption, is as follows: “The plaintiff says that on the-day of-, 18 — , he, having then in his own right certain money, purchased with his said money, he being at the time the sole source of the purchase-money, lots twenty-two (22) and twenty-three (23), block fifty (50), in the one town of Wyandotte, now…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The demurrer is a general one, upon ■ the sole ground that no cause of action is stated. The petition is drawn with slight regard for grammatical construction and ignores the plain words of the statute which requires that the respective interests of the owners of the real estate shall be described, if known. (Code, §614; Gen. Stat. 1901, §5101.) Defendants urge that this omission is fatal. The allegations, however, bring the case within the reason of the statute, although the words of the statute are not followed, and, in view of the liberal…
2Cases cited7 opinions
- Scarborough v. SmithSupreme Court of Kansas · 1877
- Love v. BlauwSupreme Court of Kansas · 1900
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Scoville v. HilliardIllinois Supreme Court · 1868
- Nichols v. NicholsSupreme Court of Vermont · 1856
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3Cited by6 opinions
- Downey v. PhillipsSupreme Court of Kansas · 1933
- Field v. LeiterWyoming Supreme Court · 1907
- Ward v. WardSupreme Court of Kansas · 1941
- Kinkead v. MaxwellSupreme Court of Kansas · 1907
- Bartram v. KempSupreme Court of Kansas · 1923
1 more not listed; retrieve them via the Exa API.