Rooney v. McDermott

Citations

• 113 Kan. 18
• 213 P. 631
• 1923 Kan. LEXIS 324

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action' to Recover Real Property — Statute of Limitations. In an action to recover the possession of real property under an oral contract by which the deceased owners agreed that they would receive the plaintiff, a minor, into their family and treat him as their own child and rear and nurture him as though ¿he were born to them, and by which contract he was to render to them his services and obedience during his minority, for which the deceased owners agreed that the plaintiff should receive at their death one-half of all their property, both real and personal, of which they might die seized, the fifteen-year statute of limitations controls; and the action is not barred if it is commenced within that time.</p> <p>2. Same — Fifteen-year Statute of Limitations. The plaintiff cannot be defeated in his right to recover by reason of the fact that he did not commence his action until near the expiration of fifteen years after the cause of action accrued.</p>