Martin v. Battey

Citations

• 87 Kan. 582
• 125 P. 88
• 1912 Kan. LEXIS 200

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partition — Land in Another County — Minors—Judgment— Jurisdiction. An action which had for its purpose the determination of the interests of the contending parties in several tracts of land and the partition of the same, among them is local in character and must be brought in the county in which the land is located, and where a plaintiff brought an action in a county where one of the tracts is located and in which some of the defendants had an interest, and where he undertook to bring into the action infants who owned land in a county remote from the one in which the action was brought but who had no interest in the land situated in the latter. county, there was no jurisdiction of the subject matter of the action so far as it affected the land of the infant defendants, and no consent of theirs could give jurisdiction to the court of these issues or validity to the judgment based thereon.</p> <p>2. - Guardian ad Litem — Service. In such a case the court has no authority to appoint a guardian ad litem for the infant defendants nor can a guardian ad litem be appointed until service has been obtained upon the infants and jurisdiction over them acquired as the code directs.</p> <p>3. Wills — Election in Illinois — Effectual in Kansas. A wife domiciled in Illinois died there owning lands in that state and in Kansas. She left a will giving her husband a life estate in all of her property, after which it is to go to the other heirs in designated proportions. The will was probated in Illinois and an authenticated copy of it was admitted to record and . probate in this state. In Illinois the surviving husband determined to take under the will and he entered into the possession of the property devised and accepted and enjoyed the provisions made for him in the will. Held, that he elected to take under the will, and having done so in that state it is effectual in Kansas, as he could not elect to take undér the will in Illinois and under the