Legal Opinion

Main v. Payne

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 18 opinions

Error from Lyon District Court. Action by Mary W. Main against Martha Ann Payne, John W. Main, and Wm. T. Main, to establish a trust and compel its execution. The facts and proceeding are sufficiently stated in the opinion. The order complained of, was made by the district court, at the September Term 1875.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

statement of the case. This was an action brought by plaintiff in error against the defendants in error and others, the heirs-at-law of Daniel Main deceased, who died intestate May 1st 1875, being at the time of his death, and for more than thirty years prior thereto, the husband of plaintiff, to have his said heirs decreed to be trustees *609for plaintiff’s benefit and use of the legal title to all the real estate described in plaintiff’s petition, lying in Lyon county, and to have a resulting trust decreed as to said lands, and said heirs…

2Cases cited4 opinions

  1. Young v. WhittenhallSupreme Court of Kansas · 1875
  2. Swartzel v. RogersSupreme Court of Kansas · 1865
  3. Northrup & Chick v. RomarySupreme Court of Kansas · 1870
  4. Blackford v. LoveridgeSupreme Court of Kansas · 1872

3Cited by18 opinions

  1. Malone v. YoungSupreme Court of Kansas · 1938
  2. City of Clay Center v. MyersSupreme Court of Kansas · 1893
  3. Herthel v. BarthSupreme Court of Kansas · 1938
  4. Martin v. GassertSupreme Court of Oklahoma · 1914
  5. Reihl v. LikowskiSupreme Court of Kansas · 1885

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