Evans v. Jacobitz

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to recover on a contract for the sale of land and to declare the same an equitable lien thereon and to foreclose the lien. On November 6, 1886, W. B. Beebe, of Ohio, who was the owner of several tracts of land in Kansas, sold to *250A. Jacobitz a tract of sixteen acres for $1970, payable in six equal annual instalments. In the contract Beebe covenanted that when full payment was made he would convey to Jacobitz by a good and sufficient deed an indefeasible estate in fee-simple to the land, warranting the same free, clear,…