Dayton v. Donart
Supreme Court of Kansas
Error from Greenwood District Court. At the May Term, 1878, the district court affirmed an order made by the probate court of Greenwood county, Octo'ber 25, 1877, that G. W. Donart, administrator of the estate ■of James M. Church, deceased, should sell certain land belonging to the above estate, to wit, the S. J of the S.W.-J of sec. 11, and the N. J of the N.W. ^ of sec. 14, in township 28, •south, of range 12, east, in said county, in order to pay certain debts against the…
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Error from Greenwood District Court. At the May Term, 1878, the district court affirmed an order made by the probate court of Greenwood county, Octo'ber 25, 1877, that G. W. Donart, administrator of the estate ■of James M. Church, deceased, should sell certain land belonging to the above estate, to wit, the S. J of the S.W.-J of sec. 11, and the N. J of the N.W. ^ of sec. 14, in township 28, •south, of range 12, east, in said county, in order to pay certain debts against the estate aforesaid. Upon the trial of the foregoing appeal from the probate court, the judge of the ■district court made…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
In 1873, while James M. Church was owning and occupying a certain piece of land with his family, which consisted of a wife and five children, he died intestate, owing many debts and leaving no personal estate with which to pay them, and no real estate except the said land, which he occupied as a homestead. The family continued to reside upon said land for about one year after Church’s death, when they removed therefrom, but afterward returned thereto, and occupied the same until in 1877, when they again removed therefrom. While' they…
2Cases cited3 opinions
- Morris v. WardSupreme Court of Kansas · 1869
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Vandiver v. VandiverSupreme Court of Kansas · 1878
3Cited by23 opinions
- Postlethwaite v. EdsonSupreme Court of Kansas · 1917
- Compton v. People's Gas Co.Supreme Court of Kansas · 1907
- Towle v. TowleSupreme Court of Kansas · 1910
- Vining v. WillisSupreme Court of Kansas · 1889
- Battey v. BarkerSupreme Court of Kansas · 1901
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