Berggren v. Johnson

Citations

• 105 Kan. 501
• 185 P. 291
• 1919 Kan. LEXIS 116

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Ejectment- — Generial Denial — Preliminary Statements to Jury — Demurrer to Statement — Wrongfully Sustained. The admission made in course of the preliminary statement to the jury in behalf of a defendant in ejectment, whose answer is a general denial, and who relies upon a claim of being the adopted child of a former owner of the property in controversy, that he can produce no evidence of the proceedings of a court relating to the matter, does not necessarily preclude his recovery upon the theory that a valid adoption had been brought about, because under that pleading he might prove that in the jurisdiction in which he asserts the adoption to have taken place the law permitted it to be accomplished without judicial action. The rule that one who relies on a foreign law different from our own must plead as well as prove it, does not apply in an action where any defense can be shown under a general denial.</p>