Brown ex rel. Branner v. Thomas
Supreme Court of Kansas
Error from Shawnee District Court. John S. Branner, guardian of the persons aud estates of Anthony N. Brown and other minors, brought this action for said minors on July 24,1885, against Chester Thomas, jr., sheriff of Shawnee county, and A. J. Huntoon, treasurer of that county, to restrain and enjoin them from the collection of taxes levied upon certain agreements for the sale of real estate.
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Error from Shawnee District Court. John S. Branner, guardian of the persons aud estates of Anthony N. Brown and other minors, brought this action for said minors on July 24,1885, against Chester Thomas, jr., sheriff of Shawnee county, and A. J. Huntoon, treasurer of that county, to restrain and enjoin them from the collection of taxes levied upon certain agreements for the sale of real estate. One of the said agreements is as follows: “This agreement, made and entered into by and between John S. Branner, guardian of the persons and estates of Anthony N. Brown, minor child of Nicholas Brown…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The agreement for the sale of the real estate described in the petition confers neither the legal nor the equitable .title upon Davison. It is simply an agreement to sell real estate upon conditions precedent, and sets forth a conditional sale only. In the contract it is stipulated in substance that time is of the essence thereof; that the failure to perform any of its conditions shall render the contract null and void; and that by such failure the party holding under the contract shall forfeit to the other party all the money paid…
2Cases cited3 opinions
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3Cited by14 opinions
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- Williams v. Board of County CommissionersSupreme Court of Kansas · 1911
- McGregor v. IrelandSupreme Court of Kansas · 1912
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