Farmers & Merchants Bank v. Tipton

Citations

• 98 Kan. 34
• 159 P. 1016
• 1916 Kan. LEXIS 8

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>..Sale of Land — Warranty Deed — Disputed Title — Vendor May Maintain Action to Quiet Title. A vendor sold land under an agreement with the vendee to give a merchantable title and place him in'possession o£ the same, the agreed consideration being paid to the vendor. The persons from whom the vendor acquired the land and who were in possession of the same set up a claim that the deed they had executed to the vendor was in fact a mortgage; and they refused to yield possession of the land, so that the vendor was unable to carry out his ^agreement with the vendee. The vendee demanded the return of the money which he had paid for the land and refused to bring an action •to quiet his title against adverse claimants. The vendor then brought •ran equitable action to quiet the title of the land, making the vendee a party defendant. Held, that the vendor had an interest in the land ■sufficient to maintain an action to quiet the title thereto and to determine adverse claims.</p>