Gordon v. Munn

Citations

• 81 Kan. 537
• 106 P. 286
• 1910 Kan. LEXIS 389

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Injunction — Prosecution of Action in Another State to Try Issues in Pending Suit — Jurisdiction. In an action by one claiming to be a widow, for the partition of land owned by her husband at the time of his death, the defendant, a daughter of the deceased, alleged that she was his sole heir; that the plaintiff had no interest in the land; that at the time of the pretended marriage of the plaintiff with the deceased she had a husband living, from whom she had not been divorced; and that an antenuptial agreement had been made excluding her from any interest in thp lands of the deceased. The defendant prayed for judgment quieting title. Issues were duly made upon these allegations, upon which considerable evidence was taken. Afterward the defendant commenced an action in Colorado against the plaintiff here to quiet title to land in that. state also owned by the deceased at the time of his death. In her petition the plaintiff in that action (defendant here) made the same allegations and tendered the same issues that were made and tendered in the action here. All the parties are residents of the county where the action in this state is pending, and are properly impleaded therein. It is held: (1) That the district court had jurisdiction to restrain the defendant, until further orders from prosecuting the suit in Colorado and from bringing actions in other states where other land of the deceased is situated to try the same questions so in controversy here; and (2) that upon the facts presented in the record an injunction was properly allowed.</p>