Legal Opinion

Reid v. Mix

Supreme Court of Kansas

Decided December 7, 1901No. 12,426PublishedCited by 16 opinions

Error' from Elk district court,; O. W. Shinn, judge. STATEMENT. This was an action brought by Eli Mix, as executor and trustee of the estate of Hezekiah Gilbert, deceased (herein referred to as “the estate”), against Dora A. Reid (herein called “the defendant”), to compel specific performance of the following stipulation between the parties, made in compromise and settlement of a foreclosure suit in the federal court: “It is hereby stipulated by and between the parties…

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Error' from Elk district court,; O. W. Shinn, judge. STATEMENT. This was an action brought by Eli Mix, as executor and trustee of the estate of Hezekiah Gilbert, deceased (herein referred to as “the estate”), against Dora A. Reid (herein called “the defendant”), to compel specific performance of the following stipulation between the parties, made in compromise and settlement of a foreclosure suit in the federal court: “It is hereby stipulated by and between the parties hereto that said plaintiff shall release the mortgage sued on in this action so far as the same is a lien upon the lands…

1Opinion of the Court

The opinion of the court was delivered by

Pollock, J.:

The sole ground of error relied on by counsel for the defendant for reversal of this decree is that no consideration was given or received by either party for the making of this stipulation, and that, on account of the delay of the trustee of the estate in complying with the terms of the stipulation, the defendant had the right to rescind it and to refuse compliance therewith, and that the trial court erred in decreeing compliance with its terms.

With this contention we do not agree. Counsel errs in the contention made that the stipulation…

2Cases cited1 opinion

  1. Fowler v. MarshallSupreme Court of Kansas · 1883

3Cited by16 opinions

  1. Tucker v. ThravesSupreme Court of Oklahoma · 1915
  2. Shoop v. BurnsideSupreme Court of Kansas · 1908
  3. Haener v. AlbroIdaho Supreme Court · 1952
  4. Golden v. ClaudelSupreme Court of Kansas · 1911
  5. City of Shawnee, Kan. v. AT & T CORP.District Court, D. Kansas · 1995

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