Legal Opinion

Phipps v. Phipps

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 3 opinions

Error from, Bourbon District Court. This was an action for partition of the east balf of section 36, township 23, range 23, in Bourbon county, commenced March 18, 1886, by Nora Phipps against William Phipps, Lilly Van Buskirk, Daniel Van Buskirk, and William H. Van Buskirk. Nora Phipps claimed to be the owner of an undivided one-third interest of said half-section of land by descent from her father and by conveyance from her mother, Margaret Phipps, now Margaret Zuck.

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Error from, Bourbon District Court. This was an action for partition of the east balf of section 36, township 23, range 23, in Bourbon county, commenced March 18, 1886, by Nora Phipps against William Phipps, Lilly Van Buskirk, Daniel Van Buskirk, and William H. Van Buskirk. Nora Phipps claimed to be the owner of an undivided one-third interest of said half-section of land by descent from her father and by conveyance from her mother, Margaret Phipps, now Margaret Zuck. William Phipps made the same claim and answered accordingly, asking for like relief with the plaintiff. Defendants Lilly Van…

1Opinion of the Court

*498The opinion of the court was delivered by. Horton, C. J.:

The facts in this case are substantially as follows: In April, 1872, David M. Phipps died intestate^ leaving as his sole heirs his widow, Margaret Phipps, and his children, Lilly Van-Buskirk, born March 21,1861; William Phipps, born January 22,1864; and Nora Phipps, born March 22, 1867. David M. Phipps owned at the time of his death in fee simple the northeast quarter of section 36, township 23, range 23, in Bourbon county, and held a certificate of school land in common with Hall Pitman for the southeast quarter of said section 36,…

2Cases cited5 opinions

  1. Keith v. KeithSupreme Court of Kansas · 1881
  2. State v. EmmertSupreme Court of Kansas · 1878
  3. Reynolds v. ReynoldsSupreme Court of Kansas · 1883
  4. State v. WeatherwaxSupreme Court of Kansas · 1874
  5. Muthersbaugh v. BurkeSupreme Court of Kansas · 1885

3Cited by3 opinions

  1. Jinkiaway v. FordSupreme Court of Kansas · 1915
  2. Phipps v. PhippsSupreme Court of Kansas · 1891
  3. Kansas & Colorado Pacific Railway Co. v. PhippsCourt of Appeals of Kansas · 1896

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