Baker v. Stewart
Supreme Court of Kansas
Error from Franklin District Court. This was an action brought by Mary E. Stewart in the district court of Franklin county, against Frank A. Baker, to recover damages for an alleged breach of certain covenants contained in a general warranty deed executed by Baker and wife to the plaintiff for certain lands situated in that county.
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Error from Franklin District Court. This was an action brought by Mary E. Stewart in the district court of Franklin county, against Frank A. Baker, to recover damages for an alleged breach of certain covenants contained in a general warranty deed executed by Baker and wife to the plaintiff for certain lands situated in that county. Trial at the October term, 1886. A jury was waived, and the case was submitted to the court upon the following agreed statement of facts : “1. Joshua Baker, being the owner in fee simple of the said land in controversy, on the 23d day of November, 1877, together…
1Opinion of the Court
The opinion of the court was delivered by
VALENTINE, J.:
It appears that on November 23, 1877, Joshua Baker and his wife Elizabeth Baker, who owned certain real estate in • Franklin county, conveyed the same by a general warranty deed to their son Frank A. Baker and his wife Alice Baker, which deed was duly recorded. Afterward, and prior to October 3, 1881, Alice Baker died, leaving surviving her her husband, and two children born during the marriage. Upon these facts, and some others not necessary to mention, the main question arising in the case, and the one now presented to this court, is…
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