Clingman v. Hill

Citations

• 104 Kan. 145
• 178 P. 243
• 1919 Kan. LEXIS 206

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trust Funds — Misappropriation by Guardian — Funds May be Re- ■ claimed Wherever Traced. Where a guardian of the estate of an insane person diverts the funds of the estate and invests them in land, taking the title thereto in the name of his wife, who pays no consideration for the land, and where the purpose of both was to misappropriate the funds and defraud the estate, the legal representative of the estate may maintain an action against the defaulting guardian and his wife to reclaim the trust fund so diverted and to establish a trust against the land in which the trust funds were invested.</p> <p>2. Same — Recovering Trust Funds — Nature of Action. Such a proceeding is not one in the nature of a creditor’s bill, and it may be maintained without first obtaining a judgment against the defaulting guardian and making a fruitless effort to enforce it by execution.</p> <p>S. Trust Funds in Land — Action to Recover — Venue. The action was rightly'brought in the county where the land was situated, and, jurisdiction having been obtained on one of the defendants, a summons could be served upon the other defendant in another county, and while such service would not justify the rendition of a personal judgment against the defendant served in another county, it was sufficient to warrant the court in giving judgment declaring and establishing a lien upon the land in which the trust funds were wrongfully invested.</p> <p>4. Same — Motion to Quash Summons — Review. A ruling denying a motion to quash the service of summons is not reviewable until final judgment is rendered.</p>