Wells v. Higgins

The opinion of the court was delivered by

Wedell, J.:

This suit was brought to cancel and set aside a deed to real estate in Atchison county, Kansas, quiet the title in plaintiffs and to cancel and set aside a bill of sale conveying personalty located upon and used in connection with that real estate. The deed and bill of sale were parts of the same contract. Plaintiffs prevailed, and defendants, C. F. Higgins and Minnie B. Higgins, his wife, appeal.

Defendants traded the Naples Hotel at Long Beach, Cal., for plaintiffs’ property — Prospect Park Sanitarium — in Atchison county, Kansas. The…