Bowman v. Hazen

Citations

• 69 Kan. 682
• 77 P. 589
• 1904 Kan. LEXIS 320

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Receiver—Appointment Collaterally Attached. An order of court appointing a receiver to take custody of property involved in litigation which was unwarranted and erroneous, but not absolutely void, is not open to collateral attack.</p> <p>2. - Void Orders Open to Collateral Attach at Any Time. The orders of a court purporting to vest a receiver with the authority and control over property and funds not involved in the . litigation in which the receiver was appointed are absolutely void, and can be collaterally attacked at any time by any one in any proceeding, where their validity is in issue.</p> <p>3. -- Receiver and Applicants are Trespassers and Liable for Conversion. The receiver who takes such property and funds under the void orders without the consent, and contrary to the wishes, of the owner, and those who procure the orders to be made and cooperate with him in the wrongful seizure and appropriation are all trespassers, and are liable for the property and funds so wrongfully taken, with interest.</p> <p>4. -Benefits to the Wronged Party Not an Excuse. Those who wrongfully seize property and funds cannot excuse themselves by showing that the use which they made of them was, to some extent, beneficial to the wronged party. Such trespassers cannot compulsorily constitute themselves the disbursing agents of the owner; nor can they make themselves his creditors by paying his obligations without his request or consent.</p>