(Download) "Davis v. Vermillion" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: Davis v. Vermillion
- Author : Supreme Court of Kansas
- Release Date : January 08, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by This was an action for partition of real estate. The essential
element in the case is the construction of a deed through which
the appellants and appellees claim title. After hearing the evidence the trial court denied appellants
any interest in the land and held that the same was not subject
to partition. This case was tried in the lower court upon
documentary evidence and an agreed statement of facts. No oral
evidence was presented. Under such circumstances, this court can
and should decide for itself what the facts establish,
substantially as it would in an original case. (In re Estate of
Kemper, 157 Kan. 727, 734, 145 P.2d 103, and cases therein
cited.) The facts may be stated as follows: On August 14, 1909, John G.
Howard and Ann E. Howard, his wife, made, executed and delivered [173 Kan. 509]