39 Kan. 663 | Kan. | 1888
Opinion by
The opinion filed in this case at the March sitting was largely based upon the_/ourth finding of fact made by the court below, which was:
“That immediately after the delivery of the deed aforesaid, the said defendant erected a house on said land, and went into the actual possession thereof, and has continuously ever since been, and now is, in the actual possession of said land.”
On such a finding we held that the continuous possession had from the grantor was some consideration for the note sued upon, and affirmed the judgment below, which seemed to have been rendered on that theory. But on the reargument, our attention is called to the fifth and sixth findings of fact made by the court below, which show that at the time of the delivery of the deed from Bell to Sunderland a suit was pending in the district court of Greenwood county between the plaintiff in this action and one Price, to determine their respective interests in the land in controversy and other lands, and of which the defendant herein had actual notice. At the December term, 1885, of said district court, a decree was entered in said suit, in favor of Price, and this decree is made a part of the sixth finding in this case.
It is now claimed, (and this must be conceded,) that the
It is recommended that the judgment of the district court be reversed.
By the Court: It is so ordered.