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eBook details

• Title: Cooley v. Shepherd
• Author : Supreme Court of Kansas
• Release Date : January 09, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

The opinion of the court was delivered by This is an injunction action. The appeal is from two orders of the district court, one overruling defendants' motion to dissolve a restraining order and to deny a temporary injunction and the other overruling their demurrer to the plaintiff's petition. The issues involved must stand or fall upon the contents of the petition. For that reason such pleading will be quoted in toto. It reads: ""1. That the plaintiff resides at 2605 North Arkansas, Wichita, Sedgwick County, Kansas, a more particular description of said property being as follows, to-wit: (Here follows description of premises). ""2. That said property was formerly owned by the plaintiff's deceased husband, E.H. Cooley, and that the said E.H. Cooley died intestate at Wichita, Kansas, on or about May 7, 1933, leaving as his only heirs at law the plaintiff, his widow, and the defendant, Moneta Shepherd, his daughter. ""3. That there has been no administration of the estate of the said E.H. Cooley, and that no administration is necessary. ""4. That said property was the homestead of the said E.H. Cooley and this plaintiff prior to and at the time of his death and has continued to be the homestead of the plaintiff ever since and is still her homestead, and that she has the right to possession of the same. ""5. That approximately eight years ago, the exact date now being unknown to this plaintiff, the defendant, Moneta Shepherd, who is the daughter of the plaintiff, and the defendant, Vernon Shepherd, who is the husband of the defendant, Moneta Shepherd, also moved into and upon said property and continue to reside there. ""6. That on numerous and repeated occasions during the past eight years and up to the present time, the defendants, and each of them, have mistreated, abused and threatened the plaintiff, in that they have cursed at her, attempted to restrict her quarters, told her that they hoped she died, shook their fists in her face, told her that they were going to have her adjudged insane, and have by other remarks and actions attempted to force the plaintiff from said property and interfered with her possession of the same. ""7. That the plaintiff has on numerous and repeated occasions requested the defendants to cease so mistreating, abusing and threatening her, and to move out of her home, but the defendants continue to mistreat, abuse and threaten the plaintiff, as heretofore alleged, and refused and still refuse to move from said property. ""8. That the plaintiff is seventy-three years of age and in ill health, and that she is unable to bear further mistreatment, abuse and threats by the defendants without serious and irreparable damage to her physical and mental condition. ""9. That she believes the defendants will continue to mistreat, abuse and threaten her so long as they continue to reside in said property.

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