Rayl v. Brown

Citations

• 108 Kan. 385
• 195 P. 611
• 1921 Kan. LEXIS 52

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trust — Action to Establish .Trust in Real Estate — Not Triable to Jury. An action to establish a trust in real estate and for an accounting of the rents and profits thereof, brought against the heirs and devisees of a former owner of the land, is not triable by a jury as a matter of right.</p> <p>2. Same — Incompetent Evidence to Disprove Verbal Contract. In an action, -as described in the first paragraph hereof, evidence of the declarations of the deceased, who held the possession and legal title of the land, is not competent for the purpose of disproving the making of the verbal contract relied upon by the plaintiffs.</p>