Legal Opinion

Jordan v. McNeil

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 9 opinions

Error from Cowley-District Court. At the May Term, 1880, of the district court, MoNeil, as plaintiff, recovered a judgment against defendants Jordan and Buehman, who bring the case to this court. The nature of the action, and the facts, appear in the opinion. 1. The demurrers raised the question squarely, whether a deed procured by fraud and misrepresentation should be annulled when the grantee under the fraudulent deed has conveyed to innocent purchasers for value.

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Error from Cowley-District Court. At the May Term, 1880, of the district court, MoNeil, as plaintiff, recovered a judgment against defendants Jordan and Buehman, who bring the case to this court. The nature of the action, and the facts, appear in the opinion. 1. The demurrers raised the question squarely, whether a deed procured by fraud and misrepresentation should be annulled when the grantee under the fraudulent deed has conveyed to innocent purchasers for value. By overruling them, the court decided that a deed procured by fraud was absolutely void, and consequently, that no rights could…

1Opinion of the Court

The opinion of the court was delivered by

VALENTINE, J.:

Lena McNeil, the defendant in error, plaintiff below, alleges in her petition below that on the 26th day of January, 1880, desiring to convey property therein described as follows: Lot number eight, in block number one hundred and sixty-seven, in the city of Winfield, to one Martha E. McNeil, she went to the office of one Charles H. Payson, a lawyer, at Winfield, Kansas, and requested him to draw up a deed for that purpose. She afterward went to Payson’s office, when he shpwed and read to her a deed drawn in accordance with her wishes.…

2Cases cited2 opinions

  1. Cook v. MooreTexas Supreme Court · 1873
  2. Deputy v. Stapleford & WillisCalifornia Supreme Court · 1861

3Cited by9 opinions

  1. McNeil v. JordanSupreme Court of Kansas · 1882
  2. State v. MatthewsSupreme Court of Kansas · 1890
  3. Seibel v. BathWyoming Supreme Court · 1895
  4. Wass v. VickerySupreme Court of Oklahoma · 1929
  5. Lawrence v. Guaranty Investment Co.Supreme Court of Kansas · 1893

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