Brecheisen v. Clark

Citations

• 103 Kan. 662
• 176 P. 137
• 1918 Kan. LEXIS 349

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Findings of Fact — Conclusive on Appeal. Rule followed that a verdict and judgment supported by sufficient and competent testimony will not be disturbed on appeal merely because that testimony may have been somewhat shaken .and discredited through the cross-examination of witnesses for the prevailing party.</p> <p>2. Same — Reward of Diligent Creditor. Rule followed that the law favors the diligent creditor.</p> <p>3. Fraudulent Conveyances — Debtor May Prefer Creditors. A debtor in failing circumstances may prefer one creditor to others, and so long as that creditor receives such preferment in payment for a bona fide preexisting indebtedness, having given adequate consideration therefor, such creditor commits no fraud on other creditors; and it is im-, material that the satisfaction of her due may result in exhausting the , debtor’s assets to the prejudice of other creditors; and the motives of the debtor in preferring her to other creditors, although she may be aware of them, are immaterial so long as the creditor does nothing to create those motives and acts solely to obtain fair satisfaction of what is justly due her, following McDonald v. Gaunt, 30 Kan. 693, 2 Pac. 871; Kennedy v. Powell, 34 Kan. 22, 7 Pac. 606; Hasie v. Connor, 53 Kan. 713, 37 Pac. 128; Gilmore v. Swisher, 59 Kan. 172, 52 Pac. 426; Bank v. Sehuette, 100 Kan. 45, 163 Pac. 1073.</p> <p>4. Same — Conveyance Through Third Party. A transfer of realty in this state may be made directly from spouse to spouse, but no peculiar significance attaches to an intermediate transfer of the property to a third party when the true purpose of the latter is sufficiently established.</p> <p>5. Trial — Long Deliberation by Jury — No Error Shown. In the absence of unusual circumstances, no error arises from the fact that the jury were held to their task for forty hours before they reached a verdict.'</p>