Johnson v. Cain
Supreme Court of Kansas
Error from Neosho District Court. Cain, as plaintiff, obtained a decree against Mrs. Isabel Johnson and another, at the December Term 1873 of the district court,'that certain lands be sold to satisfy plaintiff’s claim against the estate of defendants’ ancestor. All the necessary facts are stated in the opinion. Mrs. Johnson brings the case here on error for review. . 1. Cain’s action cannot be maintained.
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Error from Neosho District Court. Cain, as plaintiff, obtained a decree against Mrs. Isabel Johnson and another, at the December Term 1873 of the district court,'that certain lands be sold to satisfy plaintiff’s claim against the estate of defendants’ ancestor. All the necessary facts are stated in the opinion. Mrs. Johnson brings the case here on error for review. . 1. Cain’s action cannot be maintained. The petition does not show a final settlement of the estate of Daniel Campbell. An averment “ that there is no personal property belonging to said estate,” is not equivalent to an averment…
1Opinion of the Court
*536The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Cain against the administrator and heirs of the estate of Daniel Campbell deceased. The facts of the case seem to be about as follows: During the year 1870, Campbell, with his wife and family, resided upon and occupied said land, although the title thereto was in the United States. Campbell employed Cain to dig a well on the premises, which Cain did, and in consideration therefor Campbell gave to Cain his promissory notes. Afterward Campbell died intestate, and his widow (Anna Campbell) who had been appointed…
2Cases cited2 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Shoemaker v. BrownSupreme Court of Kansas · 1872
3Cited by15 opinions
- Klemp v. WinterSupreme Court of Kansas · 1880
- Liverpool & London & Globe Insurance v. WrightCourt of Appeals of Kentucky · 1915
- Correll v. VanceSupreme Court of Kansas · 1929
- Kothman v. MarksonSupreme Court of Kansas · 1886
- Hess v. EmerySupreme Court of Kansas · 1938
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