File v. Conzelmann

Citations

• 106 Kan. 345
• 187 P. 878
• 1920 Kan. LEXIS 517

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Purchase of Real Estate — Title Taken in Name of Wife — Resulting Trust in Favor of Husband — Pleadings. A demurrer to a petition was overruled, although an essential allegation was lacking. In a trial without a jury testimony to support such an allegation was admitted over objection. Pending the decision of a demurrer to the plaintiff’s evidence the court permitted the petition to be amended to conform to such testimony. Held, that no reversible error was committed, inasmuch as the defendants were not denied an opportunity to make a full showing, and do not appear to have' suffered any substantial prejudice.</p> <p>2. Same — Evidence. In an action in which one of the issues was whether a husband in causing a deed to be made to his wife, who had since died, was actuated by a fraudulent intent, his testimony that his purpose was not to defraud creditors, but to enable his wife to handle the property during his sickness, was not open to objection under the rule relating to transactions had with a person since deceased.</p> <p>3. Same — Evidence. The evidence held to be sufficient to support the judgment.</p>