O'Neill v. Martin
Supreme Court of Kansas
Error from Elk District Court. Action by plaintiff, to compel specific performance. The plaintiff alleges: “That the said defendant, Jane O’Neill, is the mother and only heir of A. T. O’Neill, deceased; that said A. T. O’Neill died intestate, on the 27th day of January, 1879; that in the lifetime of said A. T. O’Neill, and on or about the 22d day of May, 1871, said A. T. O’Neill entered into an agreement with the plaintiff, whereby he agreed to sell, and did sell, to the…
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Error from Elk District Court. Action by plaintiff, to compel specific performance. The plaintiff alleges: “That the said defendant, Jane O’Neill, is the mother and only heir of A. T. O’Neill, deceased; that said A. T. O’Neill died intestate, on the 27th day of January, 1879; that in the lifetime of said A. T. O’Neill, and on or about the 22d day of May, 1871, said A. T. O’Neill entered into an agreement with the plaintiff, whereby he agreed to sell, and did sell, to the said plaintiff, the following tract of land, lying and situate in the county of Elk, and state of Kansas, described and…
1Opinion of the Court
*497The opinion of the court was delivered by
Horton, C. J.:
Three questions are presented for our determination by the counsel, on the part of the plaintiff in error : First, it is contended that it was not possible for A. T. O’Neill, the intestate, in his lifetime to make any valid agreement, by parol or otherwise, for the sale of the land in controversy ; second, that in no event does the testimony sustain the judgment rendered; third, that the evidence of the plaintiff below ought to have been excluded. Upon the first point presented, the argument is not very clear, but we suppose that it is…
2Cases cited4 opinions
- Brake v. BallouSupreme Court of Kansas · 1877
- Fackler v. FordSupreme Court of the United States · 1861
- McKean v. MasseySupreme Court of Kansas · 1872
- Fackler v. FordSupreme Court of Kansas · 1858
3Cited by1 opinion
- Thornburgh v. ColeSupreme Court of Kansas · 1882