39 Kan. 132 | Kan. | 1888
Opinion by
The petition of the plaintiff in error, (plaintiff below,) contains two counts: the first for alimony alone, by reason of the aggression of the wife; and the second praying for a decree declaring a conveyance to land made by the husband to the wife, through a third party, to be in trust, and an assignment of this land as alimony. The blending of the two propositions in the statement of the second
As to the cause of action which asks alimony on behalf of the husband from the property of the wife, we can find no ease that authorizes it. The domestic relations will have to be readjusted by the legislature, and an obligation cast upon the wife to support the husband, before such an action can be maintained. The only question is, as to whether the conveyance of the Sedgwick county land by the husband to the wife was in trust. On its face, the conveyance was an absolute one. The deed was first made by husband and wife to Wall, and then a deed was executed by Wall to the wife. At the time of the execution of these conveyances, it was distinctly stated by the husband to Wall, that the object of the conveyance to the wife was to prevent the' children of the husband by a former marriage from ever receiving any benefit from the property. Substantially the same statement was made by the husband, as a witness in a former case pending between these parties. There is other evidence corroborative of this,, and there is some that tends to support the theory that the property was deeded to the wife as a contribution to her future support. On the other hand, there is testimony tending to show that the wife had declared before the marriage that her sole object was to get control of her husband’s property; and that after the conveyance had been executed,
By the Court: It is so ordered.