The facts are undisputed.
Kathy Ann Bradley, Patti June Gibbs, Debra Lynn Whitebird, Barbara Jean Weaver, Raymond C. Schuetz, and Nancy Sue Bear are the adult children of Robert and Geraldine Schuetz, now both deceased. At the time of their deaths, the Schuetzes owned the fee simple absolute title to several tracts of real estate all located within the Kickapoo Nation Indian Reservation. By conveyance and then descent proceedings filed in the Brown County District Court, the Schuetz children became owners of undivided interests in the real estate as tenants in common. The children operated the real estate under an oral partnership known as Schuetz Farms. The farming operations all took place on the real estate on the reservation. The Schuetz children are all members of the Kickapoo Indian Tribe.
Then, in 2002, all the Schuetz children, except Bear, asked the Brown County District Court to dissolve the partnership, order an accounting, and partition all of the partnership property. We will refer to the Schuetz children who filed the lawsuit as the Plaintiffs. Bear was opposed to this and was a named defendant. The Plaintiffs alleged that they and Bear had operated Schuetz Farms since 1992, but that there was no formal partnership agreement, only an oral agreement. The Plaintiffs described the assets of Schuetz Farms as the real estate and some items of personal property. The Plaintiffs requested that the court (1) enter judgment against Bear for sums due to each plaintiff after an accounting of the partnership money and (2) partition the real and personal property of the partnership (or if partition could not be made, appraise, advertise, and sell the property). In response, Bear admitted the existence of the partnership but denied many of the allegations contained in the petition.
Judge(s): Stephen Hill
Jurisdiction: Kansas Court of Appeals
Related Categories: Business Organizations , Civil Procedure , Civil Remedies
|Trial Court Judge(s)|
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Brian Johnson||Johnson Law Office PLLC|
|Appellee Lawyer(s)||Appellee Law Firm(s)|