Brown v. Brown
Supreme Court of Kansas
Error from Marion district court; O. L. Moore, judge. In banc. STATEMENT. This action was brought on November 4, 1898, by Hattie E. Brown, widow of Van Voorhis Brown, deceased, and Karl Power Brown, an infant son of said Van Voorhis Brown and the plaintiff Hattie E. Brown, to set aside and cancel a warranty deed made by Van Voorhis Brown and wife to Samuel Brown on May 17, 1894. Van Voorhis Brown was the son of Joseph and Em aline Brown, who, in 1884, lived in Pennsylvania.
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Error from Marion district court; O. L. Moore, judge. In banc. STATEMENT. This action was brought on November 4, 1898, by Hattie E. Brown, widow of Van Voorhis Brown, deceased, and Karl Power Brown, an infant son of said Van Voorhis Brown and the plaintiff Hattie E. Brown, to set aside and cancel a warranty deed made by Van Voorhis Brown and wife to Samuel Brown on May 17, 1894. Van Voorhis Brown was the son of Joseph and Em aline Brown, who, in 1884, lived in Pennsylvania. The family consisted in part of said Joseph Brown, Emaline, his wife, and their sons, Van Voorhis, Samuel, Curtin, and…
1Opinion of the Court
*671The opinion of the court was delivered by
Ellis, J.:
The plaintiff in error insists that the statute of limitations had run against plaintiff’s action before this suit was instituted, and having raised that issue in his answer in the court below, he now assigns the failure of the court so to find as one of his principal grounds of error. We do not think the position is tenable. The evidence shows, and the court below found, that the plaintiff widow had no notice or knowledge that the apparently formal and businesslike offer and undertaking of Samuel Brown to buy the farm was, in fact, but a…
2Cases cited7 opinions
- Rice v. HodgeSupreme Court of Kansas · 1881
- Burlington National Bank v. BeardSupreme Court of Kansas · 1895
- Gaunt v. HarknessSupreme Court of Kansas · 1894
- John V. Farwell Co. v. LykinsSupreme Court of Kansas · 1898
- Kennedy v. TaylorSupreme Court of Kansas · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Clester v. ClesterSupreme Court of Kansas · 1913
- Herd v. ChambersSupreme Court of Kansas · 1944
- Allbert v. AllbertSupreme Court of Kansas · 1938
- Havird v. LungIdaho Supreme Court · 1911
- First International Bank v. BrehmerNorth Dakota Supreme Court · 1927
4 more not listed; retrieve them via the Exa API.