Cooper v. Ives
Supreme Court of Kansas
Error from Cherokee district court; A. H. Skidmore, judge. STATEMENT. This was an action brought by James F. Cooper to subject certain real estate in Cherokee county belonging to the estate of Willard Ives, deceased, to the payment of an indebtedness arising out of the fact that the deceased was a stockholder in the Western Farm Mortgage Trust Company, an insolvent corporation, organized under the laws of the state.
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Error from Cherokee district court; A. H. Skidmore, judge. STATEMENT. This was an action brought by James F. Cooper to subject certain real estate in Cherokee county belonging to the estate of Willard Ives, deceased, to the payment of an indebtedness arising out of the fact that the deceased was a stockholder in the Western Farm Mortgage Trust Company, an insolvent corporation, organized under the laws of the state. Plaintiff in error recovered a judgment against the trust company, on which execution was issued and returned unsatisfied. Willard Ives, in his lifetime, was a stockholder in said…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Under the statutes of this state, where the real estate in controversy is situated, Lucina M. Ives, the widow of the testator, inherited the whole of it. (Gen. Stat. 1899, § 2459; Gen. Stat. 1897, ch. 109, § 19.) The descent and heirship of real estate are exclusively governed by the law of the country within which it is actually situated. (Woern. Am. Law Adm. § 168.) The decree of the supreme court in Jefferson county, New York, in the suit brought by the widow against the legatees and others, in which there is a recital that the defendants…
2Cases cited9 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Carpenter v. StrangeSupreme Court of the United States · 1891
- McCartney v. OsburnIllinois Supreme Court · 1886
- Woodworth v. BowlesSupreme Court of Kansas · 1900
- Vail v. AndersonSupreme Court of Minnesota · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sharp v. SharpSupreme Court of Oklahoma · 1916
- Gordon v. MunnSupreme Court of Kansas · 1912
- Austin, Commissioner v. StrongTexas Supreme Court · 1928
- Douglass v. LoftusSupreme Court of Kansas · 1911
- Chitty v. GillettSupreme Court of Oklahoma · 1915
5 more not listed; retrieve them via the Exa API.