[DOWNLOAD] "Newcom, Administrator v. Potterf" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Newcom, Administrator v. Potterf
- Author : Supreme Court of Kansas
- Release Date : January 07, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by This was an action filed in the district court by G.H. Newcom
(plaintiff, appellee), administrator of the estate of John F.
Potterf, deceased, against Clarence E. Potterf (defendant,
appellant), a son of decedent, in whose name stood title to all
of his father's real and personal property, to enforce a trust
and to recover assets belonging to the estate for equal
distribution among the seven children of deceased. Defendant
appeals from an order of the trial court overruling his demurrer
to the petition. The sole question presented here is whether the
cause of action is barred by the statute of limitations. (G.S.
1949, 60-306.) We will not attempt to set forth all the allegations of the
voluminous petition, part of which alleges acts estopping
defendant and his attorneys from asserting the statute of
limitations, but will narrate only such part thereof as is
necessary to determine the question of law involved in this
appeal. The petition alleged that for several years defendant lived
with his father on the "home place," a farm in Logan county,
where they farmed the property and raised cattle. In the spring
of 1947, John
[182 Kan. 74]