Schwitzgebel v. Beakey
Supreme Court of Kansas
Appeal from Pottawatomie district court; Robert C. Heizer, judge. STATEMENT. In July, 1900, Edmond Vander Meerchen executed and delivered to Stella C. Beakey a warranty deed for 1630 acres of land in Pottawatomie county, Kansas, and to secure the payment of" the purchase price, or the principal part thereof, took a note for $17,500, due March 1, 1901, and a mortgage on the land to secure the note.
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Appeal from Pottawatomie district court; Robert C. Heizer, judge. STATEMENT. In July, 1900, Edmond Vander Meerchen executed and delivered to Stella C. Beakey a warranty deed for 1630 acres of land in Pottawatomie county, Kansas, and to secure the payment of" the purchase price, or the principal part thereof, took a note for $17,500, due March 1, 1901, and a mortgage on the land to secure the note. The warranty deed was in the usual form, warranting the land to be free and clear of all encumbrances and agreeing to defend the grantee, “her heirs and assigns, against said parties of the first…
1Opinion of the Court
The opinion of the court was delivered by-
Smith, J.:
From the conclusion we have reached an extended statement and discussion of the defenses and offsets which the defendant pleaded in the action becomes unnecessary. We shall assume that whatever defense or offset she would have been entitled to, had the suit been brought by Edmond Vander Meer chen, she was entitled to maintain against the plaintiff.
Upon the construction of the special covenant in the deed to the defendant — “The possession of the above-described premises to be given to party of second part, her heirs and assigns, on or before…
2Cases cited3 opinions
- Gazzolo v. ChambersIllinois Supreme Court · 1874
- Clark v. FisherSupreme Court of Kansas · 1894
- Bedell v. ChristySupreme Court of Kansas · 1901
3Cited by2 opinions
- Sheehy v. LemonsSupreme Court of Kansas · 1916
- Stephenson v. PetersonSupreme Court of Kansas · 1930