Wheeler v. Beem

Citations

• 111 Kan. 700
• 208 P. 626
• 1922 Kan. LEXIS 327

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Sale of Real Estate — Covenant Against Encumbrances — A Lateral Sewer Not an Encumbrance. The proceedings in an action by the vendor of a dwelling house and city lots to compel the vendee to perform, examined, and held, a lateral sewer, occupying two feet of the margin of the lots, laid nine feet in the ground, and connected with the house, did not constitute an encumbrance, within the meaning of the contract to convey, which provided the property should be free of all encumbrances.</p> <p>2. Same. Privilege of the city to enter the premises for the purpose of maintaining efficiency of the sewer, should occasion arise, is an increment of benefit, and not an encumbering easement.</p> <p>3. Same — Estoppel. The proceedings examined further, and held, the vendee was estopped to assert existence of an encumbrance.</p>