Simmons v. Shafer

Citations

• 98 Kan. 725
• 160 P. 199
• 1916 Kan. LEXIS 176

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Deed — Parents to Child — Maintenance and Support — Partial Performance — Deed Not Canceled — Equitable Judgment. Where a deed to land was made for an expressed money consideration but the real consideration was an agreement by the grantee to provide for the care and maintenance of the grantor, who was about seventy years of age, during the remainder of his life, and where such care and maintenance were provided by the grantee for a number of years and until he died, and where after the death of the grantee his widow and the grantor were unable to live harmoniously together, whereupon she declined to stay longer in the home with him but did oifer to pay for his care and maintenance furnished by others, it is held, in an action brought by the grantor to cancel the deed, that although there is power in the court to cancel a conveyance for a substantial breach of an agreement to support the grantor where that is the most effective remedy, a partial noncompliance with the agreement does not necessarily require a cancellation of the deed; and held further, that the judgment herein which made the future care and support of the grantor a charge upon the land is an appropriate remedy and not inequitable.</p>