Ehrhart v. Ehrhart

Citations

• 110 Kan. 759
• 205 P. 630
• 1922 Kan. LEXIS 145

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Tenant in Common — Action to Set Aside Fraudulent Deed — Partition. Mary Amelia Ehrhart died in August, 1904, leaving surviving her three children who are the plaintiffs, and her husband, the defendant, who is their father. At her death she owned eighty acres of land by a conveyance from her parents made in 1903 on the condition that she should pay the grantors on the first day of January of each year during the lifetime of the grantors, or either of them, not less than $80 nor more than $100. Time was made the essence of the contract, and the failure to make the payments punctually made the contract void. After her death the defendant continued to reside on the land and made the annual payments until_January 1, 1919, when he made default. The children in the meantime had left home. On September 3, 1919, the defendant obtained from the grandfather of the plaintiffs, the surviving grantor in the first deed, a quitclaim deed which recited that it was made in lieu of the former deed and because the conditions of the former deed had been broken. It provided for the same payments as the first deed. In an action brought by the children to set aside the second deed and to obtain their rights, it is held that the evidence was sufficient to sustain a finding that upon the death of Mary Amelia Ehrhart, the defendant and plaintiffs became the owners as tenants in common subject only to the interest of the grantors; that by the second deed the defendant acquired no right or interest to the exclusion of his children, and that, subject to the rights of the surviving grantor, each of the plaintiffs is the owner of an undivided one-sixth interest, and the defendant of an undivided one-half interest.</p>