Stephenson v. Patton

Citations

• 86 Kan. 379
• 121 P. 498
• 1912 Kan. LEXIS 300

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed — Life Estate — -Mistake—Presumptions. .Where a deed to a tract of land is made from' a husband to his wife which by its terms conveys to her the fee therein and reserves to himself a life estate, and such deed is placed of record; and where thereafter the terms of the deed are called to the attention of both the grantor and the grantee, and each asserts that there has been a mistake in the making of the deed as written, and that the intention of each was that the grantor was to convey-only a life estate to the grantee and reserve the fee to himself; still if it appears that both the grantor and the grantee lived for several months thereafter and took no steps to correct the-mistake of record, it will be presumed that both the grantor and the grantee ratified and confirmed the deed as recorded, and no trust arose from such'transaction.</p> <p>2. Quitclaim Deed — What it Conveys — Rents and Profits. A quitclaim deed to land does not convey to the grantee therein •any account or claim for rents or profits of the land which the grantor may have had at the time of the conveyance.</p> <p>3. Cotenant in Possession — Improvements — Taxes—.Offset. Where a cotenant of land has for years had the possession and has received the rents and profits thereof, and has made-valuable improvements and paid the taxes thereon, the benefits will, as between the one in possession and cotenants out of possesion, be offset from time to time, as justice may require, against the improvements and taxes; but where in such case the aggregate of such benefits exceeds the value of the improvements and taxes, a grantee, in a quitclaim deed of the rights of the cotenant out of possession, can not in an action of partition recover judgment against the cotenant in possession for such excess.</p>