C. C. Houghton & Co. v. Axelsson

Citations

• 64 Kan. 274
• 67 P. 825
• 1902 Kan. LEXIS 196

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Creditor’s Bill — Nature and Purpose. A creditor’s bill is in its nature a proceeding in rem rather than in personam, and its use is to make effective a judgment held by a creditor against the property of the debtor which is in some way concealed.</p> <p>•2. -Pleading. An action in which it is sought to charge the defendants with the payment of a debt from another, and in which it is not charged that the defendants have any property in their possession belonging to such other, or are in any manner whatever concealing any such property, is not an action in the nature of a creditor’s bill.</p> <p>3. Limitation or Action — Action for Belief on Ground of Fraud. The facts set out in the petition in this case show that it was an ac- ‘ tion on the ground of fraud, and as such should have been brought ! within two years, in order to escape the bar of the statute of limitai tions.</p>