Guild v. Althouse

Citations

• 71 Kan. 604
• 81 P. 172
• 1905 Kan. LEXIS 191

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership — Deed in Escrow. A deed with covenants of warranty, duly signed and acknowledged, purporting to convey land not by metes and bounds but by a description so definite that the land to be conveyed can be ascertained with certainty, and delivered by the grantor to a third person under an agreement with the grantee that the depositary shall deliver the deed to him upon the doing of a certain thing by the grantee, is an escrow.</p> <p>2 -- Death of Grantor Immaterial. Upon the performance of the condition by the grantee such deed becomes of full force and effect, and the grantee is entitled to the possession of it, and the death of the grantor does not abrogate the contract of deposit. (Davis v. Clark, 58 Kan. 100, 48 Pac. 563.)</p>