Legal Opinion

Gilmore v. Asbury

Supreme Court of Kansas

Decided February 8, 1902No. 12,295PublishedCited by 5 opinions

Error from Reno district court; M. P. Simpson, judge. STATEMENT. In the year 1884, Dr. John Gilmore, a wealthy widower, father of plaintiff in error, father-in-law of defendant in error, and grandfather of George Asbury, ¡son of defendant in error, a resident of Indiana, owned ‘a section of raw prairie land in Reno county, unimproved except some fencing thereon. At this time the first wife of defendant in error was deceased.

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Error from Reno district court; M. P. Simpson, judge. STATEMENT. In the year 1884, Dr. John Gilmore, a wealthy widower, father of plaintiff in error, father-in-law of defendant in error, and grandfather of George Asbury, ¡son of defendant in error, a resident of Indiana, owned ‘a section of raw prairie land in Reno county, unimproved except some fencing thereon. At this time the first wife of defendant in error was deceased. He had remarried and, with his second wife and child, George Asbury, then about three years of age, resided in Brown county, this state. The relations between Doctor…

1Opinion of the Court

The opinion of the court was delivered by

Pollock, J. :

The question presented for our determination is the legal effect of the oral agreement between the parties, under which possession was taken Improvements made, and taxes paid, by John Asbury for a period of about fourteen years. On the one hand, it is contended that this agreement contravenes the provisions of the statute of frauds and perjuries, and as a consequence is void; that defendants are, therefore, merely tenants at will and subject to eviction by the grantee of Doctor Gilmore, plaintiff in this action. On the other hand, it is…

2Cases cited2 opinions

  1. Alderman v. BoekenSupreme Court of Kansas · 1881
  2. Schwindt v. SchwindtSupreme Court of Kansas · 1900

3Cited by5 opinions

  1. McCracken v. WrightSupreme Court of Kansas · 1945
  2. Dineen v. OlsonSupreme Court of Kansas · 1906
  3. James v. ManningSupreme Court of Kansas · 1909
  4. Burnell v. BradburySupreme Court of Kansas · 1903
  5. Hough v. MunfordSupreme Court of Kansas · 1945

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