102 Kan. 887 | Kan. | 1918
The opinion of the court was delivered by
Alfred Zane brought an action in" Shawnee county against Mary Zane Vawter, who first filed.an answer, and afterwards moved to dismiss the case for the reason that the court had no jurisdiction of the subject matter. The motion was sustained, and the plaintiff appeals.
The petition alleges that the plaintiff is an heir pf Susan Zane, who in her lifetime was the owner of a quarter section of land in Kingman county; and that the defendant by fraud obtained from her a deed to the land. ' The prayer is that the deed be set aside and the defendant be directed to deliver it up for cancellation, and “also for such other and further relief as may be consistent with the premises and with the principles of equity.” The case was dismissed on the theory that the action was local and could only be maintained in Kingman county. The statute includes in the enumeration of actions which “must be brought in the county in which the subject of the action is
These conclusions follow from the application of principles upon which there is a substantial agreement of judicial opinion. Courts frequently render judgments against persons, the effect of which is to constrain action affecting the title even to lands in other states. (Notes, 69 L. R. A. 673; 23 L. R. A., n. s., 924.)
“It is well settled that actions involving title and possession of real property are local in character and can be tried only in the state wherein the land lies, but it is equally well settled that, jurisdiction having been acquired, equitable relief may be afforded without regard to the location of the subject matter where it is enforceable against the person of the defendant.” (Caldwell v. Newton, 99 Kan. 846, 848, 163 Pac. 163.)
An action brought by the plaintiff in Shawnee county, to compel the defendant to execute a deed, conveying to him land in Kingman county, is not (within the meaning of the statute) one “for the recovery of real property, or of any estate or interest therein, or for the determination in any form of any such right or interest, or to bar any defendant therefrom,” because such statutory language is generally (and as we think, rightly) construed to refer only to proceedings for the direct accomplishment of the results indicated, by a judgment operating upon the property itself. That interpretation detracts nothing from the efficacy of the law with respect to its chief purpose — to require transactions affecting'the title to real estate to be of record where it is situated. It is based upon the well recognized distinction already referred to between decrees which in themselves determine or affect titles, and those which by operating upoh the defendant personally may indirectly bring about such a changed condition through action on his part. (40 Cyc. 57-60.)
The judgment is reversed, and the cause is remanded with directions to overrule the motion to dismiss.