Durand v. Higgins

Citations

• 67 Kan. 110
• 72 P. 567
• 1903 Kan. LEXIS 217

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conveyance — Collateral Agreement — Deed and Contract Construed. The grantor in a warranty deed containing full covenants, which would, standing alone, convey to the grantees an absolute title in fee simple, took back from the grantees as a part of the transaction an agreement whereby they covenanted not to sell or dispose of any part of the granted premises during the lifetime of the grantor, without his written consent, and that all of such property should be under his control and direction so long as he should live, with right to sell and convey the same as though no deed had been given, and agreeing that the grantees should sign all deeds for such property when so requested by the grantor. Held, that the result of such transaction was to convey inprcesenii an estate in the premises, and hence it was not testamentary and could not be revoked at the will of the grantor; and held further, that if repugnance be found between such agreement and the estate conveyed by the deed, the repugnant words of the agreement must yield, for while an agreement so given back may be used to lessen, enlarge, explain or qualify the estate conveyed by the deed it cannot totally destroy such estate.</p> <p>2. -Homestead — Joint Consent. A wife, prior to the execution of a deed to the homestead by her husband, expressed her willingness to join therein, but did not do so, because it was stated by her husband that it was not necessary. After the execution aijd delivery of such deed by her husband, she expressed herself as being satisfied with it. Held, that a joint consent of husband and wife is not thereby shown.</p> <p>3. -Fraud — Quieting Title in Grantor. A grantor of a conveyance made for the purpose of defrauding his creditors, or one standing in his shoes, cannot have his title quieted as against such conveyance.</p> <p>4. Circuit Court op Shawnee County — Jurisdiction. Under the act creating the circuit court of Shawnee county, the court had aut