Brundige v. Blair

Opinion by

Simpson, C.:

The facts are embodied in the special findings made by the trial court as follows:

“1. In the month of September, 1886, the Chicago, Kansas & Nebraska Town Company were the owners of three lots in the city of Horton, Brown county, Kansas, described as follows: Lots 5, 6, and 7, in block 10; and at said time they sold the said lots to William M. Wellcome and John L. Blair, who were then and have ever since been residents of Hiawatha, in said county. At the time of said sale, the said town company did not convey the said lots by deed, but executed a contract to convey the…