Aguilera v. Corkill

The opinion of the court was delivered by

Fromme, J.:

This action was brought to establish title and determine the right of possession to forty acres of land in Ottawa County, Kansas.

The plaintiff, Eleanore Nicholas Aguilera, claims title by virtue of the will of her grandfather, Newman P. Nicholas.

The defendants, Vivian M. Corkill and Elmeretta D. Little, hold possession and claim title through J. W. Walmsley, now deceased.

Plaintiff obtained judgment below and the defendants have appealed. We will continue to refer to the parties as plaintiff and defendants. The following factual background is…