Brown v. Ulmer

Citations

• 110 Kan. 504
• 204 P. 1007
• 1922 Kan. LEXIS 84

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed — Name of Grantee Left Blank — Name Inserted Before Delivery— . Deed Accepted and Recorded — Valid Conveyance. A deed executed with the name of the grantee left blank is defective and incomplete, but if the name of a grantee is inserted in the' deed by the authority of the grantor before delivery, and the grantee subsequently accept® and records the instrument, it will amount to a ratification of the insertion of the name of the grantee and make the deed a valid conveyance.</p> <p>2. Same — Deed Reserving Certain Oil and Gas Rights — Accepted, Recorded, and Possession Taken by Grantee — Land Mortgaged by Grantee — Grantee Estopped to Question Reservations. Where a grantee accepts and records a deed containing a specific reservation of the oil and gas rights in the land, takes and holds possession of the land for a period of years under the deed, and thereafter executes mortgages upon it, he is estopped to assert that the reservation was improperly inserted in the instrument or that it is not a binding exception. •</p>