Harrell v. Neef

Citations

• 80 Kan. 348
• 102 P. 838
• 1909 Kan. LEXIS 71

Syllabus

<p>SYLLABUS BY THE- COURT.</p> <p>1. Parties — Description in Notice of Publication — Idem Sonans. In a notice by publication a defendant, whose name was Elizabeth D. Borthwick, was described as Elizabeth D. Bothwick.. Held, that the names are idem sonans and the notice sufficient..</p> <p>2. Contracts — Specific Performance — Abstract of Title — Evidence. In an action to compel specific performance of a contract to purchase lands, where it devolves upon the plaintiff' to show that she tendered an abstract of title, the abstract itself and ex parte affidavits accompanying the same for the-purpose of proving who are the heirs of a deceased person are competent evidence showing the kind of abstract furnished.</p> <p>3. Mortgages — Execution under Decree for Specific Performance of Contract to Purchase. Where a contract for the sale of' real estate provides that the purchaser shall execute a mortgage to secure the purchase-price, and is silent with respect to the terms and conditions of the mortgage, it is proper for-the court to provide in the decree for specific performance-that the mortgage shall contain the usual terms and conditions, of a real-estate mortgage.</p> <p>4. Sales — Abstract of Title — Specific Performance by Purchaser-in Possession. On the facts in this case, under the rule declared in Dunn v. Mills, 70 Kan. 656, the judgment decreeing specific performance is affirmed.</p>