Gilmore v. Hoskinson

Citations

• 98 Kan. 86
• 157 P. 426
• 1916 Kan. LEXIS 21

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Purchase of Real Estate — Contract Assigned — Evidence— Transactions with Deceased Party. Irran action by one who succeeds to the rights of another under a contract for the purchase of real property, by assignment of the contract and by quitclaim deed from the contract purchaser, against the administratrix and heirs of the person making the contract for the sale of the real property, the assignor of the contract and grantor in the quitclaim deed is incompetent to testify concerning any transaction or communication had personally by him with the deceased party to the contract.</p> <p>2. Warranty Deed — Contemporaneous Contract — Deed and Contract Constitute a Mortgage. Where a contract purchaser of land, unable to make payments as stipulated, executes a warranty deed to a third party, and at the same time takes from that party a contract for the sale and conveyance of the land, and in that contract promises to pay for the land an amount substantially equal to the consideration named in the deed and to pay the taxes on the land, and retains possession thereof, the deed and contract constitute a mortgage to secure the payment of the amount to be paid under the contract.</p> <p>3. Deed — Liability on Covenant for Warranty Deed. The estate of one who by contract agreed to convey real property by warranty deed is not liable to the contract purchaser or his assignee or quitclaim grantee for failure to make a warranty deed, where that failure is caused by the failure of the warranty of the contract purchaser who conveyed the real property by warranty deed'to the one who contracted to convey the land at the time the warranty deed was delivered to him.</p> <p>4. Deed — Contract—Both Constitute a Mortgage — Must be Recorded Together. A deed to real property, and another writing showing that the deed is a mortgage, must be recorded together at the same time and place, under section 4020 of the Revised Laws of Oklahoma, 19Í0, in ord