Fuller v. Horner

Citations

• 69 Kan. 467
• 77 P. 88
• 1904 Kan. LEXIS 275

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraudulent Conveyance—Limitation of Action. In an action by a creditor for relief on the ground of the fraudulent conduct of ' his debtor it is necessary to establish ignorance of the fraud until a time within the period limited for the commencement of an action, in order to remove the statutory bar.</p> <p>2. -Assignee Bound by Knowledge of Assignor. The assignee of a claim is chargeable with any notice .or knowledge of fraudulent acts on the part of the debtor affecting the collection of the debt which, the original debtor possessed.</p> <p>3. - Venue of Action—Power of Court to Enforce Decree. An action by a creditor to set aside a fraudulent conveyance of his debtor’s property may be maintained in any jurisdiction where the guilty parties may be found. In such a case the court does not act upon the land itself, but upon the parties to the fraud; and it not only has authority to declare the conveyance void as an obstruction to the enforcement of the creditor’s rights, but it has the further power to compel the defendants to do all things necessary, according to the lex loci rei sites, which they could voluntarily do, to give full effect to the decree.</p>