## Facts

- Maggie Greiner owned an 80-acre tract obtained through family inheritance and sought to provide for her son, Frank Greiner, who had been disinherited by his father.
- Maggie told Frank that if he moved back to her county, she would give him land for a home; the promise initially did not identify a specific tract.
- Frank left his existing home in another county and moved as requested.
- After Frank returned, Maggie set apart a specific 80-acre tract for him, arranged to make it suitable for a home (including moving buildings), and gave him possession.
- Frank occupied the tract for nearly a year and made lasting and valuable improvements and expenditures while in possession.
- Maggie did not execute a deed or otherwise formally convey the tract.
- After family conflict developed, Maggie sued to recover possession and remove Frank from the tract.
- Frank asserted that Maggie’s promise was enforceable due to his reliance and sought an order requiring conveyance of the tract to him.

## Issues

1. Whether the mother’s promise to give land, initially indefinite, became enforceable once a specific tract was designated and the son took possession in reliance on the promise.
2. Whether the son’s relocation and improvements constituted sufficient consideration or reliance to enforce the promise.
3. Whether equity could compel specific performance by ordering the mother to execute a deed conveying the tract.

## Decision

- The Kansas Supreme Court affirmed the judgment for Frank.
- The court held the promise became sufficiently definite when the 80-acre tract was set apart for Frank and he was placed in possession.
- The court concluded Frank’s relocation and improvements in reliance on the promise were sufficient to support enforcement.
- The court approved specific performance requiring Maggie to execute a deed conveying the 80-acre tract to Frank, rejecting her attempt to oust him.

## Legal Principles

- A promise to convey land that is initially indefinite may become enforceable when the subject matter is later specifically identified and the promisee is put in possession.
- Substantial reliance, including relocation at the promisor’s request and making valuable improvements, may supply a basis to enforce a promise that would otherwise be treated as a gratuitous intention.
- Specific performance is an appropriate remedy for enforcement of a land-conveyance promise where reliance and improvements make monetary relief inadequate.

## Conclusion

The court enforced the mother’s promise to convey a designated 80-acre tract because the son reasonably and substantially changed position by moving, taking possession, and improving the land, and it affirmed a decree compelling conveyance by deed rather than allowing the mother to regain possession.


Greiner v. Greiner, 131 Kan. 760, 293 P. 759 (Kan. 1930)