Kington v. Ewart

Citations

• 100 Kan. 49
• 164 P. 141
• 1917 Kan. LEXIS 258

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale of Land — Deed and Deposit of Money in Escrow — Grantor in Possession — Duty to Pay Taxes — Tax Deed. A contract for the sale* and purchase of a tract of land was entered into in 1905. A warranty deed from the grantor to the purchaser and the. purchase money were placed in escrow, to be held until the grantor perfected his title as against a third party. The land was.sold for the taxes of 1906, and in 1910, while the litigation between the grantor and the third party was pending, a tax deed issued which, cut off the rights of all the parties. In a controversy over the ownership of the fund deposited in escrow the. case turned upon the question upon which of the parties to the contract rested the obligation to pay the taxes of 1906. Held, there was sufficient evidence to the effect that the grantor continued in possession to sustain a judgment that it was his duty to pay the taxes.</p> <p>2. Evidence — Admissions—Pleading in Other Litigation. Although admissions contained in a pleading of a party in other litigation aré admissible against him in a subsequent action between him and a stranger, they are not conclusive of the facts alleged, but are open to explanation or rebuttal. They are admissible as statements against the present interest of the party who made them;</p>