Barker v. Denning

Citations

• 91 Kan. 485
• 138 P. 573
• 1914 Kan. LEXIS 59

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conveyance of Land — Delivery of Deed — Grantee’s Right to Possession. Upon the sale of a piece of laiid and a delivery of a deed therefor warranting the land to be free and clear of all incumbrances, the grantee is entitled to the possession of the land from the date of the delivery of the deed.</p> <p>2. Same — Possession by Tenant — Duty of Grantor to Deliver Possession. If the land is in the possession of a tenant of the grantor at the time of the conveyance, no duty rests upon the grantee to notify the tenant to vacate, but the duty rests upon the grantor to deliver possession in accordance with the deed.</p> <p>3. Same — Damages Recoverable by Grantee. If the grantee is excluded from the possession of the land by a tenant, lawfully holding possession thereof by contract with the grantor, the grantee is entitled to recover as damages from the grantor the value of the use and occupancy for the time he is excluded.</p>