Linder v. Warnock

Citations

• 91 Kan. 272
• 137 P. 962
• 1914 Kan. LEXIS 14

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract op Purchase — Possesion Taken — Default in Payments —Unlawful Entry Not the Proper Remedy. Where in the trial of an action of .unlawful detainer it develops that the defendant took possession of the land in controversy under a contract for its purchase, having made a considerable part payment, and that there is -a substantial controversy, involving disputed questions of fact, as to whether the equitable interest acquired under such contract has been lost, the court is justified in sustaining a demurrer to the plaintiff’s evidence.</p>