Foy v. Greenwade

Citations

• 111 Kan. 111
• 206 P. 332
• 1922 Kan. LEXIS 187

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraud — Action to Set Aside Deed on Ground of Fraud — Action Barred by Statute of Limitations. Where a person has been induced to make a quitclaim conveyance of an interest in real estate by the grantee’s fraudulent representations that the grantor had no interest in the property, his action to set aside such conveyance must be brought within two years after the-discovery of the fraud, and the time begins to run when the fraud is perpetrated in a case where the public records required by law to be kept are readily accessible and an examination of them would at any time disclose the interest of the grantor in the property so conveyed.</p> <p>2. Limitation of Actions — Setting Aside Fraudulent Deed — Recovery of Interest in Land. Where one has been fraudulently induced to give a quitclaim conveyance to his interest in real estate, and he brings an action to set aside the conveyance and for a recovery of his interest in the land; the first phase of such action is for relief on the ground of fraud and such action must be begun in two years, and this rule governs although, if the relief on the ground of fraud is timely asked and obtained, the second phase of the action — to recover his interest in the property — may be commenced at any time within fifteen years.</p> <p>3. Same — Notice of Fraud — Admission of Defendant. The testimony of one of the quitclaim grantors, a resident of another state, contained an admission on her part which justified the trial court’s finding of fact that such grantor had more than two years’ notice of the alleged fraud before her action was begun.</p>