Smith v. Smith
Smith v. Smith
Opinion of the Court
The opinion of the court was delivered by
A husband and wife were divorced and a division of property made in the divorce decree. They afterwards entered into a contract concerning the property and were remarried. After again living together for several years the wife left the husband and sought in the instant action to quiet her title to the real property awarded to her in the original decree of divorce. She was denied the relief prayed for and appeals.
The facts are substantially these. The parties were married December 18, 1898, and divorced May 2, 1919. They were then living in Wakeeney. A few months later they agreed to go together with sons and daughters on a trip, first to Colorado, then to Arizona and finally to California. The trip was made in an automobile owned by one of the sons. The former husband and wife entered into a verbal understanding with respect to resumption of marital
“That the court is not bound by the findings and decree of the superior court of Kern county, California, of April 4 and 14, 1923, under the full faith and credit clause of the constitution of the United States; that the findings and judgment of said California court are entitled to respectful consideration at the hands of this court as evidence of the rights of the parties to this action. On the whole of the evidence including the proceedings in said California court this court finds the issues in favor of the defendant.
“It is therefore considered and ordered by the court:
“(a) That the plaintiff take nothing by her said action.
“(b) That the defendant Samuel R. Smith have and recover of and from the plaintiff Rosa B. Smith judgment revesting in him title to the property in controversy, to wit: lots thirty-two (32), thirty-three (33) and thirty-four (34) in block eight (8) in the city of Wakeeney, in Trego county, Kansas, free and clear of any and all claims of the plaintiff except her inchoate marital rights as the wife of the defendant; and that this decree stand as the necessary conveyance to accomplish said purpose.”
The plaintiff appealed, contending that she signed the contract at Flagstaff under duress and threats; that it was never her intention to revest the title to the Wakeeney real estate in her husband, and that the California court had no jurisdiction of the title of land in Kansas, and that therefore the decree of the California court was of no effect.
The judgment is affirmed.
Reference
- Full Case Name
- Rosa B. Smith v. Samuel R. Smith
- Status
- Published