Donaldson v. Jacobitz

Citations

• 67 Kan. 244
• 72 P. 846
• 1903 Kan. LEXIS 240

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Limitation oe Action — Action- to Set Aside Fraudulent Conveyance. An action by a creditor to set aside as fraudulent a deed made to his debtor’s wife, and to subject the property to the payment of his debt, is ordinarily barred in two years from the time the deed was recorded, where the creditor knew of the execution of the deed at the time it was made but supposed that it named his debtor as grantee. The fraud is deemed to have been discovered whenever in the exercise of reasonable diligence it might have been discovered, and in such a case reasonable diligence required an examination of the record, which would necessarily have disclosed the fraud alleged. While the action referred to could not be brought until the claim was reduced to judgment, the running of the statute of limitations could not be indefinitely postponed by the delay of the creditor to begin proceedings for that purpose, and such delay could in no event exceed two years without resulting in a complete bar to the action.</p>