Faler v. Culver

Citations

• 94 Kan. 123
• 146 P. 333
• 1915 Kan. LEXIS 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Probate Court — May Correct Mistake or Neglect — By Nunc Pro Tunc Order. It is competent for a probate court to correct and complete its record by a nunc pro tunc entry of proceedings had in that court which through accident, mistake or neglect were not entered of record when the action was taken.</p> <p>2. Same — Claim Filed — Voluntary Appearance — Notice Waived. A waiver of the service of notice of the filing and presentation of a demand against an estate by the appearance of the administrator of the estate within the statutory period of limitation may be shown by such nunc pro tunc entry.</p> <p>3. Same — Claim Against an Estate — Former Judgment in District Court — No Bar. In an action for the determination of the ownership of land and the partition of the same a defendant claimed the land through an agreement with the owner in her lifetime to the effect that if he would remain with her and care for her and her property while she lived he would become the owner of all her property. He further alleged that he had filed a demand in the probate court for the value of the services which he had rendered. The district court did not uphold the agreement or his claim of ownership of the land, and in the entry of judgment recognized that his claim for the value of services rendered to the owner of the land was still pending and undetermined in the probate court. Held, that the judgment in the district court did not bar him from litigating the claim in the probate court nor from recovering the value of the services actually rendered by him for which no payment had been made.</p>