Small v. Small

Citations

• 107 Kan. 122
• 190 P. 623
• 1920 Kan. LEXIS 26

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trust in Lands — Implication of Law — Pleadings—Error to Strike Certain Statements of Facts from Petition. In an action to establish a trust in lands and other property by implication of law, where the plaintiffs claim that the defendant procured from his mother in her lifetime transfers of all her property under an oral trust agreement that upon her death he would make an equitable distribution of it between himself and the plaintiffs, it was error to sustain a motion to strike from the petition statements of facts and circumstances tending to show the existence of a fiduciary relation between the defendant and his mother inducing her to make the conveyance and oral agreement.</p> <p>2. Same — Single Cause of Action Stated in Petition. In an action to establish a trust in lands and other property and for an accounting, it is held that the petition states but a single cause of action, and that it was error to sustain a motion requiring the plaintiffs to separately state and number different causes of action.</p>