Berkley v. Idol

The opinion of the court was delivered by

Benson, J.:

The question upon this appeal is whether a person in possession of real estate under a contract to purchase it can maintain an action to quiet his title without paying th.e consideration where an action for the unpaid balance would be barred by the statute of limitations. This question must be answered in the negative upon the authority of the uniform decisions of this court. (Bowman, et al., v. Cockrill, 6 Kan. 311, 338; Corlett v. Insurance Co., 60 Kan. 134, 55 Pac. 844; Burditt v. Burditt, 62 Kan. 576, 64 Pac. 77; Johnson v. Wynne, 64…