Samson v. Zimmerman

Citations

• 73 Kan. 654
• 85 P. 757
• 1906 Kan. LEXIS 302

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Findings and Verdict — Presumption. In a trial where one special finding of the jury is apparently adverse to, and destructive of, the general verdict, if there be any material fact in issue which was not submitted to the jury for a special finding, and which if found favorably to the general verdict would support it and overcome the adverse finding, then it must be presumed that the jury determined such omitted fact in harmony with the general verdict. In other words, all the facts in issue which are not specially found should be presumed to have been determined in accordance with the general verdict.</p> <p>2. Conveyance — Breach of Covenant — Damages. A grantor of real estate by a deed of general warranty is responsible in damages to his grantee when a final judgment is rendered evicting the grantee from possession of the premises or awarding the title, or any portion thereof to another upon any alleged right or lien antedating the conveyance, provided the grantor has proper notice to appear and defend such action, or does in fact appear therein; and this notwithstanding the judgment is based upon an erroneous finding that the grantor was not the full and free owner of the premises at the time of the conveyance. The grantor must defend according to his covenant, and if he fails in his defense it is at his own peril.</p>