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eBook details

• Title: Powell v. Powell
• Author : Supreme Court of Kansas
• Release Date : January 26, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

The opinion of the court was delivered by This was an action against two defendants for the specific
performance of an oral compromise contract pertaining to real
estate and against a third party claiming title thereto. The
trial court sustained a general demurrer of the third party to
plaintiff's amended petition. That ruling is the sole issue in
plaintiff's appeal. No question is presented by the other two
defendants touching their alleged right or interest in the
property, a lot in the city of Pittsburg. The amended petition is brief. Omitting formal parts thereof,
it and the prayer read:

"That the plaintiff is a resident of and his post
office address is Pittsburg, Kansas, but is
temporarily located at 1428 Bryan Street, Oklahoma
City, Oklahoma, and he receives his mail at Post
Office box 1322 in said city.

"That on the 27th day of August, 1948, Sarah E.
Powell and W.A. Powell, the plaintiff, her husband,
made and delivered to the defendants John V. Powell
and Lillian E. Powell their certain deed purporting
to convey to said last named defendants the following
described real estate, situated in Crawford County,
Kansas, to-wit:

"Lot Seven (7) Suburban Homes Addition to the City
of Pittsburg.

"That said conveyance of said real estate by the
grantors named in said deed to the grantees in said
deed named was conveyed with the understanding and
agreement that said real estate was to be held in
trust for the benefit of said grantors or the
survivor.

"That after said conveyance of said real estate was
originally made and after the death of the grantor,
Sarah E. Powell, a dispute arose by and between the
plaintiff herein and the defendants John V. Powell
and Lillian E. Powell as to said plaintiff's rights
and ownership in and to said real estate and on or
about the 19th day of April, 1950, a compromise
agreement was entered into whereby it was agreed
between plaintiff and said defendants, John V. Powell
and Lillian E. Powell, that said last named
defendants would convey by deed said real estate to
the plaintiff in full and complete settlement of all
disputes and differences between said parties.

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