Wilson v. Highley

Citations

• 98 Kan. 154
• 157 P. 411
• 1916 Kan. LEXIS 35

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Deed — Mother to Sons — Consideration Support — Action by Daughter to Set Aside Deed — Demurrer to Petition — Sustained. A mother conveyed her land to her two sons in 1892, upon an alleged oral agreement that they would “keep, care for her and clothe and look after her during her natural life.” The deed recited a consideration of $1000. After the death of the mother twenty two years later, her daughter brought an action against her brothers, her petition alleging that they had wholly failed to perform their oral agreement, and prayed for cancellation of the deed, for a decree awarding her a one-third interest in the land, and for partition and rents and profits. Held, that a demurrer to such a petition was properly sustained.</p>