Brown v. Stuart

Citations

• 90 Kan. 302
• 133 P. 725
• 1913 Kan. LEXIS 208

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction- — Property Subject to Jurisdiction of One Court —Court of Concurrent Jurisdiction May Determine Controversies over Same Property. The rule that where property is in the possession and subject to the jurisdiction of one court another court of concurrent jurisdiction can- not interfere with the possession, merely operates to protect the immediate possession of the first court, and does not deprive another court of jurisdiction to determine controversies over the same property.</p> <p>2. - Cancellation of Deed — Foreclosure of Mortgage. The jurisdiction of a state court in a suit to cancel a deed conveying to a railroad company land for use as a right of way is not ousted by the pendency of a former suit in a federal court to foreclose a mortgage given by the railroad company on its right of way.</p> <p>3. Cancellation op Deed — Right of Way — Breach of Condition. • Under the facts of this case it is held that the long-continued failure of the r.ailroad company to commence the construction of its road constituted a breach of a condition in the deed providing that if the land shall cease to be used for the purposes of a right of way it should revert to the grantors.</p>