Meriwether v. Howe

Citations

• 72 Kan. 645
• 82 P. 723
• 1905 Kan. LEXIS 387

Syllabus

<p>1. Contracts — Compromise of Suit — Substitution of Parties— Settlement — Release. Pending an action to recover possession of real property the defendants therein conveyed their interest in the land and delivered the possession thereof to defendant herein. Afterward a compromise was effected between the parties to the original action, and an agreement was also signed by them and the present defendant by which that action was dismissed, the defendants therein were absolved from further liability, the present defendant was to be substituted for the original defendants in subsequent . stages of the controversy respecting the land, and all rights of plaintiffs for damages for wrongful detention by the present defendant from the date of the above-mentioned conveyance to him were expressly' reserved. It was held that by these agreements plaintiffs did not waive or settle any right of action they had against the defendant growing out of his wrongful possession of the property from the date specified.</p> <p>2. Damages — Wrongful Detention of Real Property — Demurrer to Petition. In an action to recover damages for the detention of real property a petition was held good against demurrer although it showed that the plaintiff had been dispossessed by the defendant’s grantor and had never regained possession.</p>