Gilmore v. Asbury

Citations

• 64 Kan. 383
• 67 P. 864
• 1902 Kan. LEXIS 216

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Title and Ownership — Ora l Contract — Statute of Frauds— Forcible Detainer. G., the owner of a tract of unimproved real estate, made a proposition to A., his son-in-law, to remove his family a great distance and make his home upon the land, to superintend the erection of a house thereon, make improvements, and pay the taxes, until the minor son of A., the grandson of G., then about three years of age, should arrive at his majority, when G. would convey the land to his grandson. 'A. accepted the proposition, removed his family to the land, made valuable and lasting improvements thereon, paid the taxes for a period of about fourteen years, with the full knowledge, consent and approval of G., when G. conveyed the land to his son, who commenced an action of forcible detainer to recover the possession from A. Held, (1) That by performance such parol agreement is removed from the operation of the statute of frauds; (2) that the summary action of forcible detainer by G.’s grantee against A. will not lie; (3) that A. acquired such equitable rights in the land and to possession as may not be determined and cut off except in some more appropriate form of action, where the rights of all parties may be fully investigated and determined.</p>