Appling v. Jacobs

Citations

• 91 Kan. 793
• 139 P. 374
• 1914 Kan. LEXIS 121

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action. — To Set Aside Deed — No Jury as Matter of Right. A jury trial is not a matter of right in an action to set aside a conveyance for the alleged unsoundness of mind of the grantor and fraud of the grantees.</p> <p>2. Trial — Rejected Evidence Subsequently Admitted — No Error. An error in striking out or rejecting evidence is cured by receiving it afterwards, nothing having occurred to impair its effect.</p> <p>3. “Agreement for Maintenance” — Part Performance — Agreement Omitted from Deed — Included in a Subsequent Judgment. Where a grantee in a deed testifies to an oral agree- - ment to support the grantor for life and has performed that agreement for a considerable time, and is still keeping it, a guardian of the grantor, appointed in an adjudication after the deed was made, has no just ground to complain because the court incorporated in a judgment upholding the conveyance a provision requiring the grantee to keep and perform the agreement.</p>