Goodnough v. Webber

Citations

• 75 Kan. 209
• 88 P. 879
• 1907 Kan. LEXIS 42

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Case-made — Notice of Order Extending Time to Serve — Statute Not Mandatory. The provision of section 3 of chapter 320, Laws of 1905, requiring notice to be served upon the adverse parties of an order extending the time to make and serve a case-made is directory and not mandatory. The giving of such a notice is not a condition precedent to the validity of the order.</p> <p>2. Judgments — Siiit for Partition — Decree Quieting Title in Defendant. In a suit for partition of real estate, where the answer is in the nature of a cross-petition, and asks affirmative relief, the court has power, if the evidence warrants, to decree the title of the real estate to be in the defendant and to quiet such title.</p> <p>3. Statute op Limitations — Advancements — Accounting between Devisees. In an accounting between the heirs or de-visees of an estate to determiné their distributive shares, moneys or property received by one of them from the estate in the nature of advancements are properly charged against his share, notwithstanding the statute of limitations may have run since the payments or advancements.</p>