Detweiler v. Swartley

Citations

• 74 Kan. 855
• 86 P. 141
• 1906 Kan. LEXIS 161

Syllabus

<p>Mistake — Deed and Collateral Agreement — Reformation of the Latter. The heirs of an estate deeded to the administrator certain land in consideration of the estate’s indebtedness to him, and a collateral agreement was made stipulating that the administrator should divide between the heirs anything derived from the land in excess of the debt owing to him. The consideration recited in the deed was more than double the sum stated in the collateral agreement as the amount of such indebtedness. In a suit by an heir for a share of the land, the court found that a mistake was made in inserting the consideration in the collateral agreement, ordered the agreement reformed, and gave judgment for defendant, which was affirmed.</p>