Clendening v. Wyatt
Supreme Court of Kansas
Error from Bourbon District Court. Action by Arma E. Wyatt and Augustus Wyatt against John Olendening, and several other heirs of Joanna Clendening, deceased, to determine the interests of the several parties in a tract of land, and for a partition of the same.
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Error from Bourbon District Court. Action by Arma E. Wyatt and Augustus Wyatt against John Olendening, and several other heirs of Joanna Clendening, deceased, to determine the interests of the several parties in a tract of land, and for a partition of the same. It was alleged that the elder John Olendening and Joanna, his wife, were in possession of a tract of Indian land, which is the land in question, and that he was also the owner of considerable personal property situate thereon; that he died in 1867, and left Joanna surviving him, who agreed with the children of the deceased that the…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The questions in this case are, whether an expectancy of an heir to his ancestor’s estate may be assigned, and, if so, whether the contract above set forth is effectual for that purpose. It is the general rule that an assignment at law will not be sustained unless the subject-matter has an actual or potential existence when the assignment is made, but it appears to be well settled that an expectancy of an heir in an ancestor’s estate may become the subject of contract, and may be assigned in equity. Courts of equity will uphold such an…
2Cases cited2 opinions
- Johnson v. WilliamsSupreme Court of Kansas · 1887
- Steele v. FriersonTennessee Supreme Court · 1887
3Cited by25 opinions
- McAdams v. BaileyIndiana Supreme Court · 1907
- King v. MollohanSupreme Court of Kansas · 1900
- Miller v. SooySupreme Court of Kansas · 1926
- Wayne S. Marteney v. United StatesCourt of Appeals for the Tenth Circuit · 1957
- Platt v. WoodlandSupreme Court of Kansas · 1926
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