52 Kan. 790 | Kan. | 1894
The opinion of the court was delivered by
It is insisted that the district court of Barton county did not have jurisdiction in the case of Cole «.Walters et al. to render any judgment, upon the ground that there was no proper service, by publication or otherwise, upon the defendants, who were minors under 14 years of age. It has already been ruled by this court that a nonresident minor may be served by publication as well as a nonresident adult. (Civil Code, § 71; Walkenhorst v. Lewis, 24 Kas. 420; Head v. Daniels, 38 id. 12.) In the case of Cole v. Walters et al., it appears that Lenora Walters, the widow of Elias Walters, deceased, filed an answer. After the notice of publication had been approved, upon application to the district court, Elrick C. Cole was appointed guardian ad litem for the minor heirs, viz., Charles Walters, Robert Walters, and Lenora Walters, jr., and as such guardian he filed an answer for them. Under the statute and the facts disclosed, the trial court had full jurisdiction over all the parties.
“In an action to quiet title to land, a general finding of title in the plaintiff, and consequently of no title in the defendants, is a conclusive and binding decision against the defendants on the question of title, from whatever source it may be derived, and iorever estops them from asserting a claim of title which existed at the time of the finding and judgment.” (Comm’rs of Marion Co. v. Welch, 40 Kas. 767.)
“Where a landowner executes a written agreement to convey to a person therein named, for a valuable consideration, a certain piece of land, on payment of the purchase price, and the party accepting the contract takes possession of the land and agrees to pay the price in 30 days from date, it is not presumed the parties intended that time should be of the essence thereof; and, upon such contract, the purchaser is entitled to a conveyance of the title, if he pays or tenders the purchase price and interest within a reasonable time after the time specified for payment.” (Sanford v. Weeks, 38 Kas. 319.)
The trial court not only had jurisdiction over the parties and the subject-matter, but it also had power to enter judgment quieting title to the premises in favor of the plaintiff against the defendants, and perhaps for a decree of specific performance. The original judgment and the judgment as amended were
It is finally insisted that the trial court erred in not permitting witnesses to explain the meaning of a stipulation in the mortgage. The clause referred to is not ambiguous, and the court committed no error in rejecting the evidence.
The judgment will be affirmed.