Durand v. Higgins
Supreme Court of Kansas
Error from Sbawnee district court; Z. T. Hazen, judge. STATEMENT. This was an action by Anna M. Higgins to quiet her title to certain real estate in Shawnee county and to compel the cancelation of a certain deed held by the plaintiffs in error, and a reconveyance of the title evidenced thereby. The issues were tried to the court. Its findings of faet and conclusions of law were as follows: “findings of fact.
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Error from Sbawnee district court; Z. T. Hazen, judge. STATEMENT. This was an action by Anna M. Higgins to quiet her title to certain real estate in Shawnee county and to compel the cancelation of a certain deed held by the plaintiffs in error, and a reconveyance of the title evidenced thereby. The issues were tried to the court. Its findings of faet and conclusions of law were as follows: “findings of fact. “1. On June 11, 1888, and for many years prior thereto, the defendant Hiram Higgins was the owner of the following-described real estate situated in Shawnee county, Kansas, to wit: Lots…
1Opinion of the Court
The opinion of the court was delivered by
Cunningham, J.:
The first question with which we are confronted relates to .the nature of the transaction evidenced by the deed of Hiram Higgins to his children, dated June 15, 1887, but executed and delivered June 11, 1888, and the accompanying agreement given back by the children to him. It is insisted by Mrs. Higgins that, taken together, these papers are but executory and in the nature of a will, and, being testamentary in their character, were subject to be revoked by Hiram Higgins at any time prior to his death, and that the conveyance of the…
2Cases cited10 opinions
- Wilson v. CarricoIndiana Supreme Court · 1895
- Bassett v. BudlongMichigan Supreme Court · 1889
- Love v. BlauwSupreme Court of Kansas · 1900
- Reed v. HazletonSupreme Court of Kansas · 1887
- Matney v. LinnSupreme Court of Kansas · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Cross v. BensonSupreme Court of Kansas · 1904
- Nolan v. OtneySupreme Court of Kansas · 1907
- Hoff v. HoffSupreme Court of Kansas · 1920
- Wright v. JenksSupreme Court of Kansas · 1927
29 more not listed; retrieve them via the Exa API.