15 Kan. 378 | Kan. | 1875
The opinion of the court was delivered by
This was an action of ejectment brought by the plaintiff in error, plaintiff below, for the recovery of a tract of twelve acres, in Brown county. Judgment was rendered for the defendant, and of this judgment plaintiff complains. The case was tried by the court, without a jury. Special findings of fact were made. No motion was made to set aside these findings, no exceptions taken to them, and no application for any further findings. . The errors alleged are, “that the conclusions of law are not the law of the case on the facts found; that on the facts found, plaintiff was entitled to recover the- premises, and that plaintiff was entitled to judgment and defendant was not.” Hence, the question presented to us is, which party upon the pleadings and facts found is entitled to judgment? We need not inquire whether the testimony Avas properly admitted, whether it sustained the findings, nor whether other- facts were also proved by it. McGonigle v. Gordon, 11 Kas. 167. This we think eliminates some matters discussed in the briefs of counsel.
The petition was an ordinary petition in ejectment. The answer alleges a written contract for the exchange of farms; that subsequently, it was verbally agreed between the parties that' this contract should be set aside, and that plaintiff should, deed the twelve acres in controversy and a lot in North Robinson to the defendant; and the defendant should pay therefor $250; that in pursuance of said agreement the lot was selected, and deeded; that plaintiff put the defendant into possession of the twelve acres, and the defendant has put thereon lasting and valuable improvements, describing them; that the defendant has paid seven dollars, that there is due $243, which the defendant is willing to pay and
The judgment will be affirmed.