Geffert v. Geffert

Citations

• 98 Kan. 57
• 157 P. 384
• 1916 Kan. LEXIS 14

Syllabus

<p>SYULABUS BY THE COURT.</p> <p>1. Contract — Purchase of Land — Forfeiture for Default — When Equity Will Not Enforce Forfeiture. Rule followed that a court of equity will not enforce a forfeiture where circumstances permit it to decline to do so and where the substantial rights of the parties demanding the forfeiture can otherwise be adequately protected and compensated.</p> <p>2. Same — Deed from Parents to Son — Forfeiture for Default of Annual Payments — Equity. The plaintiffs owned a section of land. As they grew old and feeble and the management of their lands became a burden to them, they conveyed their land to their four sons, a quarter section to each. Each deed contained the following provision:</p> <p>“The party of the second part shall pay the parties of the first part the sum of Two Hundred Dollars ($200.00) per annum as follows: Two Hundred Dollars ($200.00) to be paid on the first day of May, 1908 and a like sum to be paid on the first day of May in each succeeding year during the lifetime of the said parties of the first part or either of them. . . . Should the said party of the second part fail to make payments as above set forth or fail to pay all taxes, or taxes that may be levied against the said land for a period of one year after the said payments shall become due, the premises herein granted shall revert to and become the property of the said parties of first part.” .</p> <p>The sons paid the annuities at their convenience, with the acquiescence of their parents. One son gave his note for $500 to settle delinquent annuities, and paid $130 to apply on a current annuity, which sum his mother applied on his note instead. These and related circumstances considered, and held sufficient to withhold a decree of absolute forfeiture of the grant to him by his parents; and the judgment in their favor for the balance of the note and for the later' accrued and current annuities and the provision made for the speedy payment thereof examined, and held suf