George v. Hatton
Supreme Court of Kansas
Error from Donophan County. The facts of the case appear sufficiently full to present the points decided, in the opinion of the Court. 1st. The acceptance of the note by plaintiff below, operated as a bond for a deed. Plaintiff in error was to have a deed when he paid the note, and defendant in error was to give a deed when the note was paid. Neither party could seek the courts to enforce the contract until he had performed on his part, respectively.
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Error from Donophan County. The facts of the case appear sufficiently full to present the points decided, in the opinion of the Court. 1st. The acceptance of the note by plaintiff below, operated as a bond for a deed. Plaintiff in error was to have a deed when he paid the note, and defendant in error was to give a deed when the note was paid. Neither party could seek the courts to enforce the contract until he had performed on his part, respectively. The defendant in error then was not entitled to judgment, not having tendered a deed. 2d. On default of answer, judgment could only be taken as…
1Opinion of the Court
By the Court,
Croziek, C. J.
In October 1858, George bought of Hatton a tract of land in Donophan County and executed the note sued upon for the purchase money, at the same time taking from Hat-ton a bond for a conveyance upon payment of the note. On April Y, 1860, eighty-one dollars of the note and some interest being unpaid, Hatton having tendered a deed, brought suit in the District Court for Donophan County to recover a judgment for the money, and to subject the land to its payment, setting out substantially the foregoing facts. George filed a demurrer, assigning as the ground thereof, that…
2Cited by6 opinions
- Abbey v. W. B. Grimes Dry Goods Co.Supreme Court of Kansas · 1890
- Board of Commissioners of Woodson County v. HeedSupreme Court of Kansas · 1885
- Porter v. HallSupreme Court of Kansas · 1873
- Weaver v. GardnerSupreme Court of Kansas · 1875
- Beverly v. FairchildSupreme Court of Kansas · 1891
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