Kinkead v. Maxwell
Supreme Court of Kansas
Error from Leavenworth district court; James H. Gillpatrick, judge. STATEMENT. This suit was commenced in the district court of Leavenworth county, August 19, 1905, by Annie Stone Maxwell for the partition of the real estate in controversy. The defendants were Laura Stone Kinkead, Laura de Lavillon Kinkead, Robert Stone Kinkead, and George B. Kinkead.
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Error from Leavenworth district court; James H. Gillpatrick, judge. STATEMENT. This suit was commenced in the district court of Leavenworth county, August 19, 1905, by Annie Stone Maxwell for the partition of the real estate in controversy. The defendants were Laura Stone Kinkead, Laura de Lavillon Kinkead, Robert Stone Kinkead, and George B. Kinkead. On the trial the court filed findings of fact and conclusions of law, which so far as necessary to an understanding of the errors here complained of are as follow: “FINDINGS OF FACT. “(1) That Robert R. Stone died October 4, 1895, seized in fee…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The plaintiff in error claims that the district court erred in holding that she took only a life-estate under her father’s will, and also in dismissing the suit. We agree with her upon both propositions. Every owner of real estate has the right to hold and enjoy it free from the inconveniences and embarrassments incident to joint use and occupation. It is a generally recognized rule of law that the owner in fee of an undivided interest in real property is entitled to partition, as a matter of right. (21 A. & E. Encycl. of L. 1146, and cases…
2Cases cited3 opinions
- Martin v. MartinIllinois Supreme Court · 1897
- Willcox v. BeecherSupreme Court of Connecticut · 1858
- Johnson v. BrownSupreme Court of Kansas · 1906
3Cited by10 opinions
- Fry v. DeweesSupreme Court of Kansas · 1940
- Wolfe v. StanfordSupreme Court of Oklahoma · 1937
- Beardsley v. Kansas Natural Gas Co.Supreme Court of Kansas · 1908
- Clark v. Mercer Oil Co.Supreme Court of Oklahoma · 1929
- Pedroja v. PedrojaSupreme Court of Kansas · 1940
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