Knowles v. Williams
Supreme Court of Kansas
Error from Sumner District Court. Hon. James A. Ray, Judge. This was an action brought by Henry Knowles against Cassander Williams, Henry B. Williams, her husband, and Francis M. Williams, her son, to recover a tract of land in Sumner County, consisting of about four hundred acres. Prior to December, 1886, the land was owned by the Williamses, but was heavily incumbered.
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Error from Sumner District Court. Hon. James A. Ray, Judge. This was an action brought by Henry Knowles against Cassander Williams, Henry B. Williams, her husband, and Francis M. Williams, her son, to recover a tract of land in Sumner County, consisting of about four hundred acres. Prior to December, 1886, the land was owned by the Williamses, but was heavily incumbered. Foreclosure proceedings had been begun, and a judgment of foreclosure had been obtained in one case, amounting to over eight thousand dollars. About that time, the Williamses concluded that there were valuable deposits of…
1Opinion of the CourtJohnston, J.
i. conveyance Reid to 1)6 d dc6d. The trial court appears to have taken the case from the jury upon the theory that Knowles had wholly failed to show any title in himself to the land in dispute. In support of that ruling, it is contended that the deed from Warden to the bank, through which Knowles claims title, was a mere security, and upon its face showed that the i 111 j_l • j 1 1 • bank had nothing more than a lien upon the land. We cannot assent to this view. Although the conveyance from Warden to the bank contains ambiguous and somewhat inconsistent recitals, they do not warrant the…
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