Knight v. Dalton

Citations

• 72 Kan. 131
• 83 P. 124
• 1905 Kan. LEXIS 321

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Du/plicity—Cured by Answer and Proof. The objection that the petition of plaintiff contained two causes of action which were not separately stated and numbered, one being to reform a deed, became immaterial when the defendant in his pleading and proof showed that the mistake in that deed had been cured by the making and delivery of a subsequent deed.</p> <p>2. Fraud — Conveyance to Volunteer — Grantee Not Allowed to Question Grantor’s Motive. A party to whom land was conveyed without negotiation or consideration, and who afterward conveyed it back to -the original grantor, is not in a position to question the motive of such grantor in making the original conveyance.</p> <p>3. Conveyances- — Quitclaim Deed — Estate Conveyed. Ordinarily a quitclaim deed passes only a present, existing interest, and the grantee gets nothing except what his grantor, in fact owned at the time of the execution of the deed.</p> <p>4. -Assignment of Possibility of Inheritance. While the possibility of inheritance may under certain circumstances be assigned, it is held, that the instrument in question was not intended as a transfer of such contingent interest and was not effective for that purpose.</p>