57 Kan. 471 | Kan. | 1896
I. The action in the court below was brought by Conrad Seim for the purpose of setting aside a deed to certain real estate in Parkerville, Morris County, alleged to have been forged, and enjoining the Pegister of Leeds from filing and recording any deed from Thomas Maclellan for said property.
II. The plaintiff in error claimed that Seim and wife executed and delivered the deed to William Allaway, leaving a blank for the name of the grantee, which was for the time being filled in with the name of Allaway in pencil with authority to him to insert the name of his grantee; that Allaway owed plaintiff in error $750, and as collateral security for the same delivered said deed to him, and his name was inserted as grantee ; and that Allaway had never paid the debt, but plaintiff in error paid the taxes on the property for .1889, amounting to $38.01. The jury found, however, in substance, that Seim, in pursuance of an
The judgment must, therefore, be affirmed.