Shorten v. Judd ex rel. Runkle
Supreme Court of Kansas
Error from Bourbon District Court. On October 10, 1880, William Judd married Mary Toler. On October 7, 1881, Jennie L. Judd was born, being the only issue of the marriage. The husband and wife separated in March, 1882, she returning to her father’s house, with the child, and not long afterward she obtained a decree of divorce from him by reason of his fault, and she was allowed alimony in the sum of $1,200, which was paii.
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Error from Bourbon District Court. On October 10, 1880, William Judd married Mary Toler. On October 7, 1881, Jennie L. Judd was born, being the only issue of the marriage. The husband and wife separated in March, 1882, she returning to her father’s house, with the child, and not long afterward she obtained a decree of divorce from him by reason of his fault, and she was allowed alimony in the sum of $1,200, which was paii. On July 12, 1886, William Judd executed a will, in which he devised and bequeathed all his property, real and personal, to said daughter, Jennie L. Judd. Early on the…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J.:
I. Counsel for plaintiff in error contend that the district court had no jurisdiction of the subject of the action, and that relief should have been sought in the probate court by way of contribution, and sections 39, 58, 59, 60, 61 and 62 of chapter 117, General Statutes of1889, being an act relating to wills, are cited in support of this position. It is *our opinion, however, that where relief is sought only as to real estate, and no part thereof has been sold for the payment of debts, and no division has been made, an heir may have…
Also in this document: Concurrence.
2Cases cited4 opinions
- State v. DanforthSupreme Court of Iowa · 1878
- Betsinger v. . ChapmanNew York Court of Appeals · 1882
- Keniston v. RoweSupreme Judicial Court of Maine · 1839
- People v. WebsterNew York Supreme Court · 1893
3Cited by19 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Bishop v. Brittain Investment Co.Supreme Court of Missouri · 1910
- McCalman v. StateSupreme Court of Georgia · 1904
- Grayson v. DurantSupreme Court of Oklahoma · 1914
- State v. DanforthSupreme Court of New Hampshire · 1905
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