Hessen v. Sapp

Citations

• 98 Kan. 737
• 160 P. 220
• 1916 Kan. LEXIS 179

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed — Action to Set Aside — Incapacity of Grantor — Evidence. The fact that in an action to set aside a conveyance, for want of capacity, witnesses were permitted to testify that in their opinion the grantor was not competent to make a deed, held under the circumstances here presented not to constitute prejudicial error.</p> <p>2. Same — Findings of Jury■ — Advisory Only — Instructions. The rule that where the findings of a jury are purely advisory the giving of an erroneous instruction is not a ground of reversal, unless it shows that the court misconceived the law by which the rights of the parties were to be determined, applies as well where the court adopts the findings of the jury and makes none in addition thereto, as where it frames independent findings of its own. An instruction which included the reasonableness of the grantor’s act in making a deed as one of the matters to be considered in an action to set it aside for want of capacity and undue influence, held to be nonprejudicial under that rule.</p>