Porter v. Hall
Supreme Court of Kansas
Error from Johnson District Court. Porter brought his action against the widow and children of Jacob Hall, deceased, and against other parties claiming under them, to compel the specific performance of a contract alleged to have been made by and between said Porter and said Jacob Hall.
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Error from Johnson District Court. Porter brought his action against the widow and children of Jacob Hall, deceased, and against other parties claiming under them, to compel the specific performance of a contract alleged to have been made by and between said Porter and said Jacob Hall. The petition alleged that under said contract the plaintiff and Hall were each to furnish one-half the necessary money to enter lands; that the lands were to be entered in Hall’s name, and Hall, upon the issuing to him of the patents for such lands, was to convey to Porter the title to the undivided one-half of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action brought by plaintiff in error to compel the specific performance of a contract for the conveyance of certain real estate. The contract was made as alleged in 1858. It was never recorded. The instrument itself was not in evidence, but parol testimony was received *518tending to show the making of such a contract, its deposit for safekeeping with one John W. Henry, its loss and its contents and performance by plaintiff. This testimony was sufficient to make a prima facie case for the plaintiff. But the record fails to show that…
2Cases cited9 opinions
- Hall v. JennessSupreme Court of Kansas · 1870
- City of Topeka v. TuttleSupreme Court of Kansas · 1870
- Shelton v. DunnSupreme Court of Kansas · 1870
- Hale v. Republican River Bridge Co.Supreme Court of Kansas · 1871
- George v. HattonSupreme Court of Kansas · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Patee v. ParkinsonSupreme Court of Kansas · 1877
- Murray v. KelleySupreme Court of Kansas · 1880