Hampe v. Sage

Citations

• 87 Kan. 536
• 125 P. 53
• 1912 Kan. LEXIS 191

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — “Memorándum in Writing” — Evidence—Statute of Frauds. Hampe ‘V. Sage, 82 Kan. 728, 109 Pac. 408, followed and held, that the amendment to the petition alleging that the land described in the memorandum which evidenced the contract between the parties was the only land in Pottawatomie county, Oklahoma, which the defendant owned or claimed to own or have an interest in, was sufficient to satisfy the provision of the statute of frauds which requires contracts for the conveyance of lands to be in writing.</p> <p>2. - Same. Held, further, that evidence of statements and admissions of the defendant made shortly before the memorandum was executed, to the effect that he owned the land described therein and that he owned no other land in that county, was competent for the purpose of showing that in fact he owned and claimed to own no other tract of land in that county.</p> <p>3. -Same. The fact that the lands described in the memorandum were Indian lands held in trust for the allottees, who were members of the tribe of Pottawatomie Indians, and that under an act of congress and the terms of the trust patents issued for said lands, any conveyance or contract with reference thereto is declared to be absolutely null and void, will furnish no defense to an action for damages for breach of a contract-by the defendant to sell and convey such lands.</p>