Leslie v. Harrison National Bank

Citations

• 97 Kan. 22
• 154 P. 209
• 1916 Kan. LEXIS 209

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Public Lands — Death of Settler — Patent to Heirs■ — Title not Affected by Settler’s Will — No Estoppel. Where a settler upon public land of the United States died, leaving a will giving a life estate in all his property to his wife, with a remainder to their children, and the widow enjoyed during her life all the rents and profits of the land, which was patented to the heirs, she and the children supposing that title had passed in accordance with the terms of the will, no estoppel thereby arose such as to vest an equitable title to the fee in the children, subject to a life interest in the mother.</p> <p>2. Deed — Description—Conveyed Entire Interest of Grantor. A grantor who in fact owns an undivided one-eighth interest in a tract of land, derived from the government, but who supposes that he owns an undivided one-fourth interest subject to a life estate, derived from a will, passes all the title he has hy a- deed describing the property conveyed as a one-fourth interest, arising under the will, the warranty clause containing an exception as to the life estate.</p> <p>3. Deed — Grantor’s After-acquired Title — Inures to Benefit of Grantee. Where one under the mistaken belief that he is the owner of an interest in a tract of land executes a warranty deed thereto as a gift to his son, a title afterwards acquired by him will pass to the grantee only in subjection to the lien of any judgment existing against the grantor at the time of acquiring the title.</p> <p>4. Execution — Injunction—Judgment Lien. An owner of an undivided one-fourth interest in land, one-eighth interest being subject to the payment of a judgment against his grantor, and the other eighth not, is entitled to an injunction against the sale of more than an undivided one-eighth interest in the land under an execution issued on such judgment.</p>