Gordon v. Munn

Citations

• 87 Kan. 624
• 125 P. 1
• 1912 Kan. LEXIS 206

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce — Decree in Foreign Court — Pleadings — Collateral Attack. A wife domiciled in Missouri began an action in a circuit court of that state against her husband, a resident of this state, for divorce. Service was made by publication. The husband did not appear and a judgment for divorce was rendered, as prayed. for. The proceedings were regular according to the laws of Missouri, unless the verification of the petition was insufficient, the affidavit bearing date thirty-three days before the petition was filed. It is held that the Missouri court had jurisdiction, and the judgment for divorce is not open to collateral attack in an action in a district court of this state.</p> <p>2. Evidence — Judgment—Publication Service — Parol Evidence. Where a judgment rendered by publication is offered in evidence in a collateral action in the same court in which the judgment was rendered, and the affidavit on file shows by its recitals that the publication was insufficient, parol evidence is admissible to prove that due publication was in fact made.</p> <p>S. Quieting Title — Land in Arkansas — Effect of Judgment. In an action to quiet title to land in Arkansas, where service was made by publication and the defendant did not appear, she is not bound beyond the property which was the subject of that suit. Title to land in this state is not affected by the judgment of the Arkansas court in that'action.</p> <p>4. Antenuptial Contract — Pleadings—Issues. Where the execution of an antenuptial contract pleaded by a defendant is denied under oath and the execution of a like contract differing but slightly in its material terms is alleged in the reply, the issue is not restricted to the execution of the contract as pleaded by the defendant.</p> <p>5. - When Not Set Aside. If the intended wife is competent to make a contract and has a fair and adequate knowledge concerning the future husband’s property when she enters into an antenuptial agreement,