Young v. McWilliams

Citations

• 75 Kan. 243
• 89 P. 12
• 1907 Kan. LEXIS 45

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. PRACTICE, District Court — Petition for Partition Amended to Include Ejectment after Change of Venue. Where the petition in a suit for partition shows the defendant to be in the exclusive occupancy of the premises involved the court of the county to which the case is transferred on change of venue may permit it to be amended so as to state also a cause of action in ejectment.</p> <p>2. Conveyances — Deed in Escrow — Delivery after Death — Intention of Grantor. Evidence that the owner of land executed a deed to his daughter, reserving a life-interest in himself, and stated his purpose to be to deposit it with a third person to be turned over to the beneficiary upon his death, and that he did deposit it with such person, who handed it to the grantee after the grantor’s death, may be held sufficient to establish an effective delivery, notwithstanding no further showing is made as to what instructions were given to the depositary.</p> <p>3. - Control of Deed by Grantor. The testimony of such a depositary examined and held not to require the conclusion that the grantor retained any control over the deed.</p>