Ryan v. Cullen

Citations

• 89 Kan. 879
• 133 P. 430
• 1913 Kan. LEXIS 141

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partition — Execution of Certain Deeds Conceded — Rights Thereunder Should Have Been Adjudicated. In an action by certain heirs and devisees to set aside an alleged title held by the principal defendant, and for partition, it was averred that certain parties permitted or procured such defendant to take out tax deeds, and that one of the heirs and devisees after-wards, with her husband, pretended to convey to him, but that such deeds were void for mala fides and for other reasons. The defendant declared upon the same instruments, alleged their .validity and prayed to have his title quieted. Held, that in this condition of the pleadings the execution of such deeds was conceded, rendering it unnecessary for the defendant to introduce them in evidence, and it was error to bar him from all interest in the property by reason of his failure so to introduce them.</p> <p>2. -Remaindermen Unaffected by Proceedings — Decree to be Certain. In such action certain minor remaindermen were made parties and their interests were set forth in the decree. In that portion providing for a sale in case partition could not be had no mention or reservation was made of such interests. Held, that such remaindermen, not being cotenants, should not be affected by such sale or partition and the decree should be made free from ambiguity in this respect.</p>