Keepers v. Yocum

Citations

• 84 Kan. 554
• 114 P. 1063
• 1911 Kan. LEXIS 368

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Defective Description Cured by Purchaser’s Possession. In an action for the specific performance of a contract for the conveyance of land, where the vendor in the contract described the land as “his 114 a. in Vernon county, Missouri,” held, that the defective description was cured by putting the purchasers in possession, and that the parties by their own conduct under the contract rendered certain what might otherwise be deemed uncertain.</p> <p>2. - Estoppel of Purchaser in Possession and Receiving Income to Set up Defective Title. In such an action, where it appeared from the evidence that the purchasers were placed in possession of the land under the contract and continued in the possession until after the action was brought, and received the owner’s share of the crops raised on the land after they knew the condition of the legal title, they were estopped from setting up alleged defects in the title, where it further appeared at the trial that the plaintiff was able to convey a title free from doubt.</p> <p>3. - No Provision for Record Title — Adverse Possession. Where a contract for the conveyance of lands makes no.provision that the vendor shall furnish a good record title, the vendee may be compelled to accept a title depending upon adverse possession when free from doubt.</p> <p>4. --- Outstanding Liens — Satisfaction Out of Purchase Money. In an action for specific performance, where there are liens of an inconsiderable amount upon the land, which the court provides shall be discharged out of the purchase .money, the vendee has no cause to complain.</p> <p>5. - Shortage in Amount of Land Contracted for — Ratable Reduction of Purchase Price. In such an action, where the contract calls for the conveyance of 114 acres and it is claimed there is a deficiency amounting to two and a half acres, which it appears is of small importance and not material 'to the purchaser’s enjoyment of that which may be conve