Banister v. Fallis

Citations

• 85 Kan. 320
• 116 P. 822
• 1911 Kan. LEXIS 66

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Unacknowledged Instrument — Record of No Cloud Upon Title — Incompetent Evidence of Title. The record of an unacknowledged contract on the part of a stranger to the record title to procure a reconveyance of a tract of land to one who has parted with his title does not constitute notice of the contract to a subsequent grantee of the land, does not constitute a cloud on the title of such grantee, and is not admissible in evidence against such grantee on the question of the validity of his title.</p> <p>2. Statute of Frauds — Oral Agreement Materially Changing Written, Contract. An oral agreement between a vendor and a vendee of land which arrests consummation of the written contract between them until the vendor procures a deed to cure a supposed defect in his title, which deed the vendor promised to obtain, is unenforceable under the statute of frauds. ■</p>