First National Bank v. Edwards

Citations

• 84 Kan. 495
• 115 P. 118
• 1911 Kan. LEXIS 359

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Reversal in Accordance with Opinion — New Trial — Judgment on Mandate — Waiver. At a former hearing of this case in this court a judgment was reversed and the cause remanded for further proceedings in accordance with the opinion. The district court then allowed amended pleadings to be filed and proceeded without objection to a new trial of the action. It is held: (1) That this was proper; (2) that as the defendant did .not move for judgment on the mandate, or otherwise present the question, it is now too late to do so.</p> <p>2. Contracts — Construction — Conveyance and Simultaneous Agreement to Reconvey — Intention. The effect of a deed of conveyance of land and a simultaneous agreement to reconvey must be determined by the intent of the parties, as shown by their situation, the circumstances surrounding the transaction, the terms of the instrument, and independent parol agreements not conflicting with such terms.</p>