57 Kan. 62 | Kan. | 1896
The opinion of the court was delivered by
I. Sections 1 and 6 of chapter 78, General Statutes of 1889, relating to plats of cities and
“Where one assumes by his deed to convey a title, and by any form of assurance obligates himself to protect the grantee in the enjoyment of that which the deed purports to give him, he will not be suffered afterwards to acquire or assert a title, and turn his grantee over to a suit upon his covenants for redress. The short and effectual method of redress is to deny him the liberty of setting up his after-acquired title as against his previous conveyance. This is merely refusing him the countenance and assistance of the courts in breaking the assurance which his covenants have given.”
The plaintiffs question the right of John McAlpine to execute the deed to the county commissioners, but we think that by the articles of copartnership of June 26, 3857, he was authorized to convey the lands whenever ordered by the association ; and it fully appears that this deed was executed by him by direction of the association and for a valuable consideration paid
The judgment of the court below must be affirmed.