Robertson v. Talley

Citations

• 84 Kan. 817
• 115 P. 640
• 1911 Kan. LEXIS 422

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Sale of Land by One Who Has No Title. One may bind himself personally by an agreement to furnish a • deed to land owned by another, even when -he has no present interest therein and no means of compelling a conveyance.</p> <p>2. - Sale of Land by One Who Has No Title — Statute of Frauds. Such a contract, being in effect one for the sale of land, is not enforceable unless in writing.</p> <p>3. - Void Instrument — Return of Consideration. Where one agrees orally that for a certain sum to be paid him he will procure a deed to another from the owner of a tract of land, and under color of such agreement delivers a paper purporting to be such a deed and receives the stipulated amount, he is liable for a returp of the money upon the instrument turning out to be a forgery, regardless of what he may have paid to the person of whom he obtained it, and notwithstanding his own good faith in the transaction.</p> <p>4. - Void Instrument — Expenses of Grantee in Suit to. Quiet Title Not Recoverable. Under such circumstances the grantee in the forged deed can not recover from the person from whom he obtained it the expenses of defending an action brought by the owner of the land to remove the cloud cast on the title by the recording of the spurious conveyance.</p>