Executors of the Estate of Robinson v. Heirs of Blood

Citations

• 64 Kan. 290
• 67 P. 842
• 1902 Kan. LEXIS 200

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parol Evidence — Assignment of Judgment — Security for Debt. Parol evidence is admissible to show that the assignment of a Judgment, although absolute, was only intended as a security, and it may also show the amount of indebtedness it was intended to secure.</p> <p>2. Fraudulent Conveyance — Assignment of Judgment — Fraud on Creditors. Where B., having Just recovered a Judgment for $912.24, secured by a lien on real estate, unsolicited, called upon his attorney and stated to him that he was indebted to R. in the sum of $200 or $250, and he wished to make R. safe if anything ever came out of it (referring to the Judgment), and also stated that-there was an old Judgment against him which he wished to avoid, and instructed such attorney to assign the entire Judgment to R., and that he would speak to R. about it, such assignment is void, part of the consideration being to hinder, delay and defraud B.’s creditors.</p> <p>3. -No Recovery by Grantor or Heirs. Where property is assigned with a fraudulent intent and for a fraudulent purpose) neither the party so assigning nor his heirs can recover it or its. value.</p>