Bell v. Watkins

Citations

• 90 Kan. 558
• 135 P. 596
• 1913 Kan. LEXIS 265

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Reformation of Deed — Quieting Title — Res Judicata — Rights-of Unborn Children. A deed was executed purporting to-convey a life-estate to the grantor’s son, with a remainder to the son’s heirs. Later an action was brought by the-grantor to reform the deed so that it should vest an absolute-title in his son. The son, his wife, and his only child were-made parties, being duly served, and a decree was rendered as asked. Thereafter the son brought an action to quiet title against his wife and child. A judgment was rendered declaring him to be the owner in fee simple, and reciting that, any of his children thereafter born Would have no interest in the property. The defendant appealed. Held, that the-recital concerning the unborn children is without effect as an adjudication, but no error was committed against the appellants.</p>