Clark v. Morris

Citations

• 88 Kan. 752
• 129 P. 1195
• 1913 Kan. LEXIS 414

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Absolute Deed—A Mortgage—Sale to Bona Fide Purchaser —Measure of Damages. The owner of land executed a deed absolute in form, but intended it as a mortgage to secure the payment of a loan from the grantee, and the grantee, in violation of the agreement, conveyed the- land to a bona fide purchaser and thereby deprived himself of the power to re-convey it to the grantor upon the payment of the debt. The grantor had no notice of the sale or of the rights acquired by the bona fide purchaser in the land until some time after the sale was made, and later the grantor tendered full payment of the debt secured by the deed and requested a reconveyance of the land, but both tender and request were refused. In an action brought by the grantor to redeem the land, or for the damages he had sustained in case redemption could not be had, it is held that the measure of damages for which the grantee is liable was the value of the land at the time that the tender of payment and demand for reconveyance of the land were refused, less the amount of the debt secured by the deed, and not its value at the time that the sale was wrongfully made by the grantee.</p> <p>2. Evidence—Excluded—When Ruling on Same is Reviewable. A ruling excluding evidence is not open to review unless such evidence is produced on the motion for a new trial by affidavit, deposition or oral testimony.</p>