98 Kan. 725 | Kan. | 1916
The opinion of the court was delivered by
J. O. Simmons commenced this action against Effie Shafer and Ivan Shafer, her son, to cancel a deed executed by the plaintiff to J. W. Shafer, husband of the defendant, for the expressed consideration of $1000, and to have his title quieted in the land included in the deed.
The plaintiff, who was about seventy years old, feeble and unable properly to take care of himself or his farm, entered into an oral agreement with J. W. Shafer, a grandson, who had been living with the plaintiff, whereby he was to live with the plaintiff on the farm, care for and support him during his life, and in return he was to give Shafer an undivided one-half interest in the land. At that time a deed was executed conveying to Shafer the half interest in fee, subject to a mortgage of $650, half of which the grantee assumed and .agreed to pay, and the deed was recorded. The remaining half interest was conveyed to Loyd Shafer, another grandson. After deceiving their deeds the two Shafers placed an additional incumbrance of $2000 upon the land. The plaintiff lived with and was taken care of by J. W. Shafer until the latter’s death. Shafer, having married in the meantime, left surviving him his wife and child, the defendants herein, and the plaintiff continued to live with them about three months, after which the defendants went elsewhere to live, being unable to live in friendly relations with the plaintiff. He brought this action
The plaintiff contends that the trial court having found noncompliance with the terms of the contract which formed the consideration for the transfer of the title, it necessarily follows that the deed should have been canceled, and that the judgment rendered is outside of the issues and unauthorized. The deed purported to convey an absolute title. There was'delivery, and every step necessary to a transfer of the legal title was taken. The actual consideration was the agreement of the grantee to provide future care and support for the plaintiff. It appears that these conditions were faithfully carried out for a period of about five years and as long as the grantee lived. During this period improvements were made upon the land and the incumbrance was enlarged by the grantee and his brother, to whom the other half of the land had been conveyed. No claim was made that there was any misrepresentation or fraud in the making of the contract which resulted in the transfer of the title to J. W. Shafer. There was no failure to observe its terms by either party to the contract, nor were there any grounds for canceling the deed during the lifetime of the grantee. The plaintiff and the widow were unable to live together harmoniously. Each complained that the other was inconsiderate and quarrelsome, which made life together unbearable, and it appears that each had some grounds for complaint. The testimony is that the widow left the plaintiff in possession of the house on the farm, and at the time of leaving made some
In case of fraud in the making of such a contract, or of a purpose on the part of the grantee to avoid the obligation to provide future support, or where it is the only effective remedy, a court of equity is justified in setting aside a conveyance. (Martin v. Martin, 44 Kan. 295, 24 Pac. 418.) The plaintiff appealed to a court of equity for relief, and the parties interested being before the court it is justified in settling the .rights of the parties upon equitable principles. There having been full performance of the contract for years, the death of the grantee, a change as to the improvements and mortgage "debt against the land, and an offer by the defendant to provide .for the care and maintenance of the plaintiff after it became ■evident they could not live together in friendly relations, the (court naturally concluded that equity required a remedy other than absolute forfeiture and the cancellation of the deed. Equity is satisfied where the rights of the parties to the contract are substantially attained or provided in the decree. The care .and maintenance which J. W. Shafer undertook to give to the
The judgment is affirmed.