Morris v. Hulme

Citations

• 71 Kan. 628
• 81 P. 169
• 1905 Kan. LEXIS 197

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Equitable Mortgage — Suit for Reconveyance — Pleading. A petition states a cause of action which alleges that the plaintiff deeded a tract of land to secure the defendant against loss by reason of the defendant’s signing bonds for the appearance of the plaintiff’s sons; that the bonds were forfeited and judgments rendered thereon against both plaintiff and defendant; that defendant has paid only a part, a specified sum, on one judgment; that more than six years have elapsed since the last execution was issued on the judgments; and that the plaintiff has tendered the full amount paid by defendant, with interest, and demanded a reconveyance of the land, which the defendant refused.</p> <p>2. - Objection to Evidence Improperly Sustained. At the trial of a suit based on such a petition and an answer admitting the conveyance and alleging ownership of the land in the defendant, it is error to exclude evidence of the facts set forth in the petition.</p> <p>2. - Statute of Limitations — Measure of Damages. In such petition the statute of limitations is not used as “a weapon of attack” but is pleaded as limiting defendant’s legal liability on the judgments. If no further legal liability exists, the defendant is entitled to reimbursement, with interest, and no more.</p>