Norris v. York

Citations

• 105 Kan. 448
• 185 P. 43
• 1919 Kan. LEXIS 104

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cancellation op Deed — Fraud, Coercion, Undue Influence — Plaintiff’s Right to Maintain Action. Although the pleadings in an action to cancel a deed may admit that plaintiff first unlawfully acquired the land involved through the aid and connivance of the defendant, yet the plaintiff may maintain her action against the defendant where it is alleged that she was compelled through fraud, coercion, fear and undue influence to convey the land to the defendant, when such wrongdoing of defendant had no material relation, to the original wrongdoing of both parties in the original acquisition of the property.</p> <p>2. Same — Rule of In Pari Delicto — Not Applicable. The rule, that where both parties are in equal wrong the situation of the defendant is the stronger, does not apply where the original wrongdoing is consummated and unrelated to. the later and independent wrongdoing of the defendant of which the plaintiff complains.</p> <p>3. Same — Pleadings—Defendant’s Answer Raised an Issuei — Motion for Judgment Wrongfully Sustained. Plaintiff’s petition alleged that through fraud, fear, deceit and undue influence she was constrained to convey her land to the defendant, her son-in-law. She sought a cancellation of the deed. Defendant’s answer alleged in substance that he had conspired with plaintiff to violate the federal land laws pertaining to the acquisition of title to the public domain, and denied the plaintiff's allegations of fraud, etc. Plaintiff’s motion for judgment on the pleadings was sustained. Held, error, defendant’s answer having raised an issue of fact which should be tried out and could not be summarily disposed of on motion or demurrer.</p>