Collamore v. Wilder
Supreme Court of Kansas
Error from Douglas District Court. Action commenced by original petition filed in the district court by John H. Collamore as plaintiff, against John II. Wilder, as administrator of the estate of George W. Collamore, deceased, and the widow and children of said decedent, as defendants, to establish a demand against said estate, and subject certain lands in the hands of said widow and children to the payment of such demand.
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Error from Douglas District Court. Action commenced by original petition filed in the district court by John H. Collamore as plaintiff, against John II. Wilder, as administrator of the estate of George W. Collamore, deceased, and the widow and children of said decedent, as defendants, to establish a demand against said estate, and subject certain lands in the hands of said widow and children to the payment of such demand. The defendants demurred, “for that said petition does not state facts sufficient to constitute a cause of action.” The district court, at the April Term 1876, sustained the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
pleadings, ana fads. This cause comes to this court upon an exception taken by the plaintiff in error to the order of the court below sustaining a general demurrer to the petition filed in that court. It was alleged in said petition, that Geo. W. Collamore, in his lifetime and at his death, was indebted to John 33. Collamore, plaintiff, on claims of a fiduciary character, in a sum of more than $100,000, but for which no demand was made till July 2'5th 1866; that said Geo. W. Collamore died in Kansas on 21st August 1863, *76leaving estates in…
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