Butts v. Butts

Citations

• 84 Kan. 475
• 114 P. 1048
• 1911 Kan. LEXIS 356

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Declarations by One in Possession of Land — Character of Possession. In an action where a plaintiff seeks to establish a parol gift of land from his father, in whom the legal title stood at the time of his death, declarations and statements of the father, made while in possession and control of the land, are admissible in evidence, not as mere assertions of title, but as explanatory of his possession and the nature and character of his claim of ownership.</p> <p>*2. Jury Trial — Quieting Title — Plaintiff in Possession. In an action to quiet title, where the plaintiff is in possession claiming to own the land by a parol gift, possession and lasting improvements, the plaintiff is not entitled to a jury trial.</p> <p>:3. New Trial — Vacation of Verdict — Advisory Finding Contrary to Evidence. Section 305 of the code, requiring a new trial to be granted when a verdict of a jury has been vacated, has no application to a special verdict in answer to questions of fact submitted to a jury in aid off the court, which the court sets aside as contrary to the evidence.</p>