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eBook details

• Title: Reed v. Keatley
• Author : Supreme Court of Kansas
• Release Date : January 12, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The opinion of the court was delivered by This was an action to quiet title to 155 acres in the Southwest Quarter of Section 15, Township 18 South, Range 22, Ness County, Kansas. The plaintiff, Guy C. Reed, alleged he was the owner in fee simple and in possession of the entire quarter section. The defendant, Elsie G. Keatley, answered and cross-petitioned, alleging ownership in an undivided one-half interest (less a certain five-acre tract) by virtue of the law of intestate succession, and prayed for partition. In his reply the plaintiff asserted title to the property as grantee in a deed dated May 10, 1946, from A.H. Reed, the father of both parties. Trial was by the court which found in favor of the plaintiff and rendered judgment quieting his title. Following the overruling of the defendant's motions to set aside findings of fact and conclusions of law and for a new trial, the defendant appealed. On May 10, 1946, A.H. Reed, Martha Reed, his wife and Guy C. Reed went to the office of P.W. Lundy, Secretary-Treasurer of the National Farm Loan Association in Ness City, to discuss the division of Reed's land. During the conversation it developed that Reed was going to give Guy five acres of land in the quarter section on which to build some improvements. The question was raised whether Guy should make a substantial investment on five acres of land in the country, and Lundy suggested to Guy that if he were going to build a home he should build it in town where it would have a better resale value. Guy indicated he would not build in the country unless he had title to the five-acre tract and also be assured that he was going to get more than five acres. At that time Reed spoke up and stated that Guy was to get the remaining 155 acres ""when he was through with it."" In accordance with that understanding and at Reed's direction, Lundy prepared two deeds in which Guy was grantee, one for the five-acre tract, and the other for the balance of the quarter section, or 155 acres of land. Both deeds were signed and acknowledge by Reed and Martha, and Lundy laid them on the table, pointing out the deed for the five-acre tract, and the one for the 155 acres. Reed handed Guy the deed to the five-acre tract, and took the other deed and stated ""he was going to take it to the bank and put it in the bank so it would be there for Guy when he was through with it and gone.""

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