Dyson v. Bux

Citations

• 92 Kan. 154
• 139 P. 1159
• 1914 Kan. LEXIS 190

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Decision —■ On Former Appeal — When Conclusive. While ordinarily a decision made by a court in a case settling a rule of law should be regarded as binding in a later trial of the case such a decision is coextensive only with the facts on which it is based.</p> <p>2. Deed — Reservation—Party Wall. On the facts of the case, including the language used in an exception in a deed of conveyance, it is held that the seller of a city lot did not effectually reserve to himself a part of a wall erected upon the lot sold.</p>