Greiner v. Greiner
Kansas Supreme Court
293 P. 759 (1930)
- Written by Jamie Milne, JD
Facts
Frank Greiner (defendant) was disinherited by his father. When Frank’s brother died, their mother, Maggie Greiner (plaintiff), inherited considerable property from the brother. Maggie wanted to use some of that property to place Frank on equal footing with her other sons who had not been disinherited by the father. Maggie promised Frank that if he moved back to the county where Maggie lived, then she would give him land for a home. Maggie did not initially specify which or how much land. However, when Frank moved, Maggie segregated an 80-acre tract for him, had buildings moved to make the tract suitable as a home, and gave Frank possession. While occupying the tract, Frank made some lasting and valuable improvements to the property and incurred certain expenditures. Although Maggie said that she was going to give Frank a deed, no deed was ever executed. After Frank lived on the land for almost a year, Maggie sued Frank to recover possession of the 80-acre tract. Frank argued that Maggie was not entitled to recover the tract and should be required to execute a deed conveying the tract to Frank. The trial court entered judgment for Frank, ordering Maggie to execute a deed. Maggie appealed.
Rule of Law
Issue
Holding and Reasoning (Burch, J.)
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