Gilbert v. Rushmer
Supreme Court of Kansas
Error from Douglas District Court. Action by Gorton E. Rushmer, as administrator of tbe estate of H. J. Rushmer, deceased, against William L. Gilbert and Henry Gay, to recover on the covenants against incumbrances contained in a deed from defendants to deceased. Judgment for plaintiff, at the May term, 1888. Defendants bring error.
Read the full summary
Error from Douglas District Court. Action by Gorton E. Rushmer, as administrator of tbe estate of H. J. Rushmer, deceased, against William L. Gilbert and Henry Gay, to recover on the covenants against incumbrances contained in a deed from defendants to deceased. Judgment for plaintiff, at the May term, 1888. Defendants bring error. The court erred in admitting the testimony of J. D. Bowersock, a witness called by defendant in error, to the question, “Was $700 the least sum that you would take and make a deed to this property?” It was wholly immaterial to the issue what sum Bowersock was…
1Opinion of the Court
Opinion by
Gkeen, C.:
On the 24th day of May, 1881, the plaintiffs in error in this case conveyed to H. J. Rushmer the south half of lots 3, 4, and 5, in block 6, in Lane’s first addition to the city of Lawrence, in Douglas county. By the terms of the deed, the grantors covenanted that they were then the lawful owners of the premises, and that the same were free and clear of all incumbrances, and that they would warrant and defend the same in the quiet and peaceable possession of the grantee, his heirs and assigns, against all persons lawfully claiming the same. The consideration expressed in…
2Cases cited3 opinions
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Pate v. MitchellSupreme Court of Arkansas · 1861
- Guthrie v. RussellSupreme Court of Iowa · 1877
3Cited by2 opinions
- Burchfield v. BrinkmanSupreme Court of Kansas · 1914
- Helm v. GriffithAlabama Court of Appeals · 1920