Huselton v. Liggett

Citations

• 110 Kan. 145
• 202 P. 972
• 1921 Kan. LEXIS 185

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action to Quiet Title — By Assignee of Oil and Oas Lease. -The facts and findings show that the provision in the contract involved herein that a defect in the title of the gas and oil lease assigned should render such contract void does not preclude the plaintiff from maintaining this action to-quiet his title.</p> <p>2. Same — Title Not Defective. Held, that the title transferred was not defective.</p> <p>3. Same — Power of Attorney Withheld from Record. The power of attorney held by the defendant Liggett authorized him to pass the title of certain other defendants, although withheld from record.</p> <p>4. Same — Assignments of Lease Delivered. The facts and findings show that the assignments of the lease were delivered.</p> <p>5. Same — Consideration for Assignments of Lease — Delay. The delay of the plaintiff in turning over certain shares of stock in consideration for the assignments of the lease was the fault of the defendant Liggett in not recording the power of attorney.</p> <p>6. Same — Tender of Shares of Stock in Consideration for Assignment. The facts and findings show a sufficient tender of the shares of stock, the agreed consideration for the assignment of the lease.</p> <p>7. Same — Possession by Plaintiff. The facts and findings show a sufficient possession to enable the plaintiff to maintain the action.</p> <p>8. Same — Effect of Not Recording Power of Attorney. Section 2073, General Statutes of 1915, requiring a power of attorney to be recorded before action thereunder does, not avoid a conveyance made pursuant to such power without recording the latter.</p> <p>9. Same — Pleadings—Record—Judgment. The pleadings and record held to justify the inclusion of all the defendants in the judgment rendered.</p>