Spaeth v. Kouns

Citations

• 95 Kan. 320
• 148 P. 651
• 1915 Kan. LEXIS 212

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Exchange of Property — Missouri Land — Abstract—Expert Evidence Showed Title to be Merchantable. .The testimony of a Missouri lawyer of fifteen years’ experience and of a Missouri abstracter of titles of twenty years’ experience, neither contradicted nor discredited, is sufficient to base a judgment that the title to a tract of Missouri land is merchantable and is vested in the record owner free and clear of incumbrances.</p> <p>2. Same — Indefinite—Pleadings Alleging Defects in Title. One who makes a bargain to trade real estate properties with another can not' avoid his contract on the indefinite plea that the title of the other is “encumbered by liens and clouds so' that the title was unsatisfactory, unmerchantable and defective,” without pleading any specific defects, and without even adducing any evidence in support of such indefinite plea.</p> <p>3. Same — Trial Court — May Not Disregard Competent Evidence. It is not proper for the district court to disregard the evidence of witnesses competent to testify as to'the sufficiency of a title to land in another state, and without either pleading or proof of the law of such other state, to pass judgment by an independent examination of the abstract.</p> <p>Same — Judgment on Issue Not Raised by Pleadings. It is not proper for the district court to give judgment on an issue not fairly raised by the pleadings.</p>