Kirksey v. Kirksey

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Kirksey v. Kirksey
Date decided


The plaintiff is the wife of the defendant's dead brother. The plaintiff lived on public land and would have attempted to secure that land. The defendant lived 60 or 70 miles away from plaintiff's land. The defendant wrote a letter to the plaintiff stating that she should obtain preference on the land and move to where defendant lives. Defendant stated that he would let plaintiff have land on which she could raise her family. One or two months after receipt of the letter, plaintiff abandoned her land and moved to defendant's land, where they were moved into comfortable houses with land to cultivate. Two years later, defendant moved plaintiff and her family to uncomfortable houses in the woods, and after that required her to leave the land altogether.

Procedural History

Trial court found for the defendant.


Was the promise made by Defendant an enforceable contract?


Yes, it was.




The contract did not have anything of value bargained for, but the plaintiff incurred a detriment, which could count as a condition.