(DOWNLOAD) "Knutson v. Clark" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Knutson v. Clark
- Author : Supreme Court of Kansas
- Release Date : January 06, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The opinion of the court was delivered by This is an action for partition of real estate. The appellant, one of defendants below, sought reimbursement for improvements allegedly placed on the real estate involved while he was allegedly a co-owner and in possession. This appeal arises by reason of rulings of the lower court in sustaining appellees' (codefendants below) motions to strike portions of appellant's separate answer and amendment thereto. Plaintiffs below were three sisters, the defendants were their three brothers; all were children of Sam and Ida S. Knutson. Sam Knutson died intestate in 1925, and under the statutes of descent and distribution his estate was divided among his widow and their six children, the widow receiving an undivided one-half and each child an undivided one-twelfth of the real estate in fee. Some time subsequent to the death of Sam Knutson, his six children entered into a written agreement with their mother, Ida S. Knutson, under which the children gave all of their title and interest in the personal property of their father to their mother and the use and possession of the real estate was granted to her for the term of her natural life, setting out as their purpose the intent ""to vest in said Ida S. Knutson, full power and authority to lease for agricultural and mineral purposes, all real estate owned by said Sam Knutson at the time of his death, the same as if she was the absolute owner of said real estate in fee simple."" Ida S. Knutson, the widowed mother, remained in possession and enjoyment of her interests until her death intestate in 1948. Her estate was administered and the legal title to the undivided one-half of the realty owned by her at the time of her death became vested in the plaintiffs and defendants, each acquiring an undivided one-sixth of the undivided one-half interest of his mother. The effect of this was to vest title to an undivided one-sixth of the whole of the realty in each of the six parties to this action. The three daughters then filed their petition for partition; the defendants answered and after certain preliminary proceedings not material to this appeal, the issue presented herein arose. The defendant Carl S. Knutson alleged in his separate answer: That he is the son of Sam Knutson and Ida S. Knutson; that plaintiffs and defendants