Ewing v. Nesbitt

Citations

• 88 Kan. 708
• 129 P. 1131
• 1913 Kan. LEXIS 406

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Estates Tail—Exist in Kansas. Estates tail resulting from the judicial interpretation of the statute de donis conditionalibus (13 Edw. I, c. 1, June 28, 1285), as modified by subsequent statutes and judicial decisions, were introduced into this country at the time of its colonization, with other parts of English jurisprudence, and still exist in this state.</p> <p>2. - Characteristics—Barred by Fine and by Recovery. One of the characteristics of these estates as we received them was that they were capable of being barred by fine and by common recovery, which were looked upon as legal modes of transfer having the effect of conveyances of record.</p> <p>3. -By Ordinary Deed. Fines and common recoveries are inconsistent with our modes of procedure. But the fiction and the form only are obsolete. The substantive result of the proceeding, a conveyance of record, may still be accomplished by an ordinary deed.</p>