Hurt v. Stout

Citations

• 105 Kan. 54
• 181 P. 623
• 1919 Kan. LEXIS 14

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Special Findings — Control General Verdict. Special findings of a jury control their verdict and, although one of the findings is set aside for lack of support in the evidence, the court may render judgment on the remaining special findings notwithstanding th’e verdict, where the discarded finding does not conflict with or impair the force of the other findings which of themselves settle the substantial issues in the case.</p> <p>2. Warranty Deed — Alteration Without Consent of Grantors — Deed Rendered Void as to Grantee. In an action for a breach of warranty against encumbrances, an alteration made at the request of the grantee after the execution and delivery of the deed, without the knowledge or consent of the grantors, which substantially reduced the mortgage indebtedness that the grantee was to assume and 'pay, it is held that the alteration was material and rendered the instrument void so far as the grantee is concerned.</p> <p>3. Same — Alternation by Direction or Procurement of Grantee. An alteration made by the direction or procurement of the grantee without the knowledge or consent of the grantors, has the same invalidating effect as if made by the grantee with his own hand.</p> <p>4. Practice — Motion for Judgment on Special Findings — Motion for New Trial. The filing of a motion for a new trial within three days after the verdict is returned, following the filing of a motion for judgment on the special findings which remains undetermined, does not operate as a waiver of the motion for judgment on the findings.</p>