Williams v. Wessels

Citations

• 94 Kan. 71
• 145 P. 856
• 1915 Kan. LEXIS 46

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Real-estate Contract — Notice to Subsequent Purchaser. In an action for the specific performance of a contract to sell real estate, the evidence is examined and held sufficient to support a finding that a subsequent purchaser was chargeable with notice of the plaintiff’s rights.</p> <p>2. Descents and Distributions — Residence of Intestate. The , provisions of the act regarding descents and distributions relate to lands in Kansas owned by any intestate at the time of his death, irrespective of his residence.</p> <p>3. Specific Performance — Contract Not Signed by Wife — Subsequent Sale and Deed by Both Httsband and Wife — Rights of Purchasers. Where the owner of land in Kansas executes a valid contract for its sale, in which his wife, who was at one time a resident of the state, does not join, a later deed executed by the husband and wife transfers her interest in the land free of any claim of the original purchaser, notwithstanding the grantee has notice of the prior contract.</p> <p>4. Specific Performance — Refusal of Wife to Convey — Purchaser Entitled to Abatement in Agreed Purchase Price. Where the owner of land in Kansas, whose wife has at one time been a resident of the state, contracts for its sale, agreeing to convey a full title, and his wife refuses to join in the deed, the purchaser may enforce specific performance against the husband, or any one who claims under him with notice of the contract, so far as that is possible, receiving an abatement in the agreed purchase price to the extent to which the value of the title he obtains is diminished by the outstanding interest of the wife.</p>