Campbell v. Kansas Town Co.

Citations

• 69 Kan. 314
• 76 P. 839
• 1904 Kan. LEXIS 249

Syllabus

<p>SYLLABUS BY THE COURT. •</p> <p>1. Title and Ownership—Bond for a Deed Held Insufficient to Entitle the Grantor to Possession, after Default. Where the owner of land executes a bond to convey it to another in consideration of the payment of a stated-sum, part in cash and the remainder in twelve months,' agreeing to put the purchaser in possession within seven days, time of payment not being made of the essence of the contract and no right of forfeiture or rescission being reserved, and the grantee, having gone into possession, con- ’ veys by deed to others, and in course of time the land, having been platted into city lots and blocks, is sold to many different buyers who erect valuable improvements thereon, the fact that the purchase-price has not been paid does not entitle the original owner to recover possession by an action in ejectment against the occupants claiming under title derived through conveyance by the person to whom such bond for a deed was given. •</p> <p>2. - Indian Lands. Where, under the circumstances stated in the preceding paragraph, the only title of the person executing the bond for a deed is derived through a conveyance from a Shawnee Indian, which is ineffectual because not approved by the secretary of the interior, and such deed is so approved after the subdivision and sale of the property to various owners, such approval operates retrospectively and validates the bond for a deed and subsequent conveyances, placing the grantees in the same situation, as against an attack made by the grantor in such bond, as though the Indian deed had been approved when made.</p>