39 Kan. 567 | Kan. | 1888
This was an action brought in the district court of Saline county, by William Andrews against H. A. Northrop, to quiet the plaintiff’s title to a certain forty-acre tract of land situated in said county. The defendant answered, and the plaintiff replied. Afterward, W. J. Bartholf became a party defendant, and filed an answer alleging that he had purchased the property from Northrop, and that he was the owner thereof. The case was tried before the court without a jury, and the court found generally in favor of the plaintiff and against the defendants, and rendered judgment accordingly; and the defendants, Northrop and Bartholf, as plaintiffs in error, bring the case to this court for review.
It appears that on August 3, 1878, John J. Banks owned the property in controversy, and all the parties now claim under him. Banks in fact owned a tract of land containing 200 acres, which tract included the land now in controversy, and upon this tract was a mortgage executed by Banks to David Irish, to secure the sum of $1,600 and interest. Banks was also at the same time indebted to Northrop in the sum of $135. On the date aforesaid, Banks executed a warranty deed to Northrop for the land in controversy — the consideration therefor being the aforesaid indebtedness of $135, and some personal property worth about $215, the entire consideration being $350. The deed was recorded on the same day. Some time afterward Northrop discovered the existence of the aforesaid mortgage, and proposed to Banks “to give up the land” in controversy, and to receive back from Banks the price he paid for it, and Banks agreed thereto, and in pursuance thereof delivered to Northrop certain personal property worth about $150, leaving about $200 of the purchase-money still due and unpaid. Banks testified that he executed his promissory note to Northrop for that amount, but Northrop testified that no such note was ever executed. No further writing of any kind was at this time, or at any time afterward, executed between Banks and Northrop; but the entire agreement between them,
The plaintiffs in error, who were defendants below, claim that the court below committed the following errors: First, in admitting evidence, over the objections of the defendants, to prove the aforesaid parol agreement between Banks and Northrop with reference to Northrop’s “giving up” the land in controversy; second, in permitting evidence to be introduced in relation to other land than the land in controversy, for instance, in admitting evidence as to the price paid for such other land, the taking of the possession thereof, the making of improvements thereon, and the paying of the taxes thereon • third, in admitting secondary and hearsay evidence with respect to the payment of taxes; fourth, in overruling the defendants’ demurrer to the plaintiff’s evidence.
The judgment of the court below will be reversed, and the cause remanded for further proceedings.