Duphorne v. Moore

Citations

• 82 Kan. 159
• 107 P. 791
• 1910 Kan. LEXIS 212

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Validity■—Publication Service — Willfully False Affidavit. A judgment based upon a willfully false affidavit, for service by publication is not absolutely void.</p> <p>2. - Vacation — Fraud—Limitation of Action. An action-to set aside a judgment because it is based upon such an affidavit is one for relief on the ground of fraud, and is required to be brought within two years after the actual or constructive discovery thereof.</p> <p>3. -Record of Fraudulent Judgment is Notice to a Purchaser. One who purchases land while the records of the-district court of the county in which it is situated show a judgment annulling the title of the grantor, which is fair on its face but in fact voidable because based on a willfully false affidavit for service by publication, must be deemed to have notice from that time of the perpetration of the fraud.</p>