Perkins v. Gregory

Citations

• 87 Kan. 303
• 124 P. 168
• 1912 Kan. LEXIS 137

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quieting Title — Bona Fide Purchaser — Judgment — Warranty Deed. One who takes a warranty deed of a tract of land after the rendition of judgment, based oh publication service, quieting title in the grantor, is not a purchaser in good faith under section 83 of the civil code unless he pay a valuable consideration on the strength of the decree.</p> <p>2. - Same. The recital in such a deed of the payment of a consideration is not evidence of the fact against the defendant in the action to quiet title, who procures the judgment to be opened up and makes a defense.</p> <p>3. —1- Burden of Proof. One who asks affirmative relief or makes an affirmative defense- on the ground that he ‘ is a purchaser in good faith under the section of the code referred to has the burden of proving the fact.</p>