Van Gundy v. Shewey

Citations

• 90 Kan. 253
• 133 P. 720
• 1913 Kan. LEXIS 199

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Marketable Title — Deed from Heirs — Estate Not Probated. A vendor’s title is not necessarily unmarketable because derived through deeds from the heirs of a deceased owner whose estate was not probated.</p> <p>2. - Title May be Shown to be Good, by Proper Affidavits. In such a case an abstract of title may be made to exhibit a good title by attaching to it the affidavits of credible persons who know the facts showing intestacy, heirship, capacity to convey, and the satisfaction of all claims against the estate of the deceased.</p> <p>3. -Same. When such a showing has been made it devolves upon the vendee objecting to the title to show wherein it is bad or doubtful or that the evidence necessary to establish the facts is so uncertain or inaccessible as to render the title doubtful.</p> <p>4. - Trust Deed — Trustee Named Therein Has no Present Interest in the Land. In 1888 the owner of a tract of land gave a trust deed or mortgage to a person designated as trustee for a third person designated as beneficiary. The beneficiary assigned the mortgage and the assignee released it. The trustee has acquiesced in the release for a period of time exceeding that prescribed by the statute of limitations. Held, the trustee has no interest in the land which is now or may hereafter become substantial, and that the title is not doubtful because he did not join in the release.</p> <p>5. Publication- Service — Affidavit Therefor Fatally Defective. Under section 79 of the civil code, which takes the place of section 73 of the old code, an affidavit for service by publication which wholly fails .to show, either by direct statement or by way of inference from other statements, that, the plaintiff diligently inquired as to the residence of the defendants to be served by publication and was unable to learn the place of such residence is'void.</p> <p>6. Tax Deed and Adverse Possession Constitute Marketable Title. Various objections by a vendee to a title