Dedrick v. Farmers Bank of Stafford

Citations

• 75 Kan. 187
• 88 P. 883
• 1907 Kan. LEXIS 37

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Judgments — Res Judicata — Intent of Bankrupt in Disposing of Property. The United States district court for the district of Kansas, in proceedings regularly had under the national bankruptcy act, duly adjudged J. H. Shirfey to be a bankrupt, upon the ground that he had within four months prior to the commencement of such proceedings mortgaged his entire property with the intent to hinder, delay and defraud his creditors. Afterward the trustee appointed for the estate of such bankrupt commenced a suit to set aside the mortgage so giyen and recover the property covered thereby or its value. Held, that in such suit the adjudication of bankruptcy was conclusive against the mortgagees as to ,the intent of the mortgagor, and that evidence of their own good faith in the transaction was immaterial, even though they were not parties to the bankruptcy proceedings.</p>