Gordon v. Munn

The opinion of the court was delivered by

Benson, J.:

A statement in the opinion that the rents and profits of the property set apart to the wife by the antenuptial contract had been absorbed by taxes is challenged in a petition for rehearing. On reexamining the evidence it is found that although the taxes upon one of the tracts exceeded the rent, the reverse is true of the other parcel. Concerning this subject the appellee’s brief contained the following:

“The North Topeka property produced a little income and was worth in 1898 about $1800, but, at the time of the death of Mr. Gordon, by reason…