Legal Opinion

Vandiver v. Vandiver

Supreme Court of Kansas

Decided July 15, 1878PublishedCited by 18 opinions

Error from, Coffey District Court. Charles T. Vandiver, John Vandiver, and Rachel I. Burr, children and heirs-at-law of Noah Vandiver deceased, as plaintiffs, brought their action against Rowena Vandiver, widow of William Vandiver, a deceased son of said .Noah, and Arthur, son of said William, and Cornelia JET. and Wm.

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Error from, Coffey District Court. Charles T. Vandiver, John Vandiver, and Rachel I. Burr, children and heirs-at-law of Noah Vandiver deceased, as plaintiffs, brought their action against Rowena Vandiver, widow of William Vandiver, a deceased son of said .Noah, and Arthur, son of said William, and Cornelia JET. and Wm. B., children of Addisou J. Vandiver, another deceased son of said Noah, as defendants, to compel partition of a quarter-section of land owned and occupied by said Noah as a homestead at the date of his decease. The district court, at August Term 1876, sustained a demurrer to…

1Opinion of the Court

*502The opinion of the court was delivered by

Houton, C. J.:

Statement of the case. This action was commenced in the district court on the 10th of April 1876, by the plaintiffs in error against the defendants, for the purpose of obtaining a partition of the east half of the southeast quarter of section 31, and wes^ southwest quarter of section 32, all in township twenty-two south, of range sixteen east, containing 160 acres, situate in Coffey county. The facts of the case are substantially as follows: On the 7th of May 1874, and for a long time prior thereto, Noah Vandiver owned and occupied the…

2Cited by18 opinions

  1. Dayton v. DonartSupreme Court of Kansas · 1879
  2. Holbrook v. WightmanSupreme Court of Minnesota · 1883
  3. Towle v. TowleSupreme Court of Kansas · 1910
  4. Vining v. WillisSupreme Court of Kansas · 1889
  5. Battey v. BarkerSupreme Court of Kansas · 1901

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