Whittekind v. Chicago Lumber Co.

Supreme Court of Kansas

Whittekind v. Chicago Lumber Co.

105 P. 1117, 81 Kan. 902, 1910 Kan. LEXIS 452

CourtSupreme Court of Kansas

DecidedDecember 11, 1909

DocketNo. 16,034

StatusPublished

This text of 105 P. 1117 (Whittekind v. Chicago Lumber Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whittekind v. Chicago Lumber Co., 105 P. 1117, 81 Kan. 902, 1910 Kan. LEXIS 452 (kan 1909).

Pincite

Opinion

Per Curiam:

The question in this case is one of fact. Who owned the property in controversy, the husband or the wife? The facts and circumstances relied on by the defendant to prove ownership in the husband are not, either singly or considered together, conclusive as a matter of law. Each one is merely an item of evidence with more or less probative force. This proof is met, first, by evidence explaining it and breaking its apparent effectiveness, and, second, by affirmative testimony which, if be[903]*903lieved by the trial court, established ownership in the wife. The court found for the wife. Very clearly this court can not interfere.

The judgment is affirmed.

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Per Curiam:

The question in this case is one of fact. Who owned the property in controversy, the husband or the wife? The facts and circumstances relied on by the defendant to prove ownership in the husband are not, either singly or considered together, conclusive as a matter of law. Each one is merely an item of evidence with more or less probative force. This proof is met, first, by evidence explaining it and breaking its apparent effectiveness, and, second, by affirmative testimony which, if be[903]*903lieved by the trial court, established ownership in the wife. The court found for the wife. Very clearly this court can not interfere.

The judgment is affirmed.

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Bluebook (online)

105 P. 1117, 81 Kan. 902, 1910 Kan. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whittekind-v-chicago-lumber-co-kan-1909.