Culp v. Mulvane

Citations

• 66 Kan. 143
• 71 P. 273
• 1903 Kan. LEXIS 19

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Creditor’s Bill — Triable to the Court — Findings by Jury Advisory Only. An action by a creditor of a deceased person against those whom he claims to have fraudulently converted, and to be fraudulently concealing, property belonging to the deceased, praying discovery thereof, in the interest of the plaintiff and all others of deceased’s creditors who might choose to come into the action and avail themselves of such recovery, is an action in the nature of a creditor’s bill, and, as such, triable to the judge and not to a jury, as a matter of right. Where the issues in such case have been submitted to a jury for the purpose of making advisory findings, ft is not error for the court to refuse to be governed by such findings, but he may change them and make such new ones as, under the evidence, he thinks proper. Such findings of fact made by the court will not be disturbed by this court, unless manifestly against the weight of the evidence.</p> <p>2. Corporations— Transfer of Stock by Delivery. Under the statutes of this state the stock of a private corporation is subject to a valid transfer as between the grantor and grantee by a delivery of the certificate of such stock indorsed in blank, with a purpose thereby to make such transfer. Neither the formal transfer of such stock upon the stock-book of the corporation nor the issuance of certificates to the purchaser is essential to the valid transfer thereof as between the parties thereto or those claiming under them.</p> <p>3. - Transfer on Books after Death of Transferor. A. bona fide transfer of such stock by the delivery of certificates and payment therefor vest in the transferee the right, as against the transferor, to have the same transferred upon the stock-books of the company and to have new certificates issued to him, even after the death of the transferor. ,</p> <p>4. -Fraudulent Transfer — Burden of Proof. In an action by a creditor of the transferor attacking such a transfe