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Eaton v. Johnston

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eBook details

  • Title: Eaton v. Johnston
  • Author : Supreme Court of Kansas
  • Release Date : January 27, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

The opinion of the court was delivered by This is an action in which defendant Billie Wayne Johnston has appealed from the district court's determination that a common law marriage between defendant and plaintiff Jodie E. Johnston (now Eaton) did not exist and the court's refusal to consider a division of property. The Court of Appeals heard the appeal and affirmed the district court's judgment as to the nonexistence of a common law marriage but reversed and remanded the case for further proceedings relative to division of property. Eaton v. Johnston, 9 Kan. App. 2d 63, 672 P.2d 10 (1983). The matter is before this court on petition for review granted to the plaintiff. We adopt the statement of facts contained in the Court of Appeals opinion as follows: Plaintiff and defendant were married December 21, 1957. They were divorced August 3, 1977. Four children had been born of their marriage, one of whom, a son born July 16, 1970, is still a minor and remains in the custody of plaintiff. By the decree of August 3, 1977, much and perhaps most of the property which had been accumulated by the parties was awarded to plaintiff.


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