Kurt v. Lanyon

Citations

• 72 Kan. 60
• 82 P. 459
• 1905 Kan. LEXIS 307

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Separate Writings — Construction. Where two or more written instruments are executed at the same time, between the same parties, relating to the same subject-matter, and embodying but one transaction, and the execution of one is expressed to be the consideration for the other, a court, in construing one of them, should read them all together as though all the parts were contained in one writing.</p> <p>2. Conveyances — Writing Given by Grantee — Exception in a Deed. Where the owner enters into an agreement to sell certain real estate, excepting the oil and gas therein, and upon the fulfilment of it a warranty deed is executed to the grantee named in the contract, and at the same time such grantee executes to the grantor a writing purporting to convey to him all the oil and gas in the land, and it is expressed therein that it is executed for one dollar and the deeding of the premises, the deed and the pretended conveyance of the oil and gas in the land back to the grantor should be read together, and, when so read, they constitute a deed to the land, excepting the oil and gas therein.</p>