Harnish v. Barzen

Citations

• 103 Kan. 61
• 173 P. 4
• 1918 Kan. LEXIS 185

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed — Procured by Fraud— Subsequent Purchaser — Security for Debt. A defrauded vendor may recover the real estate conveyed, from a grantee of the vendee who took title from the vendee merely as security for a preexisting debt.</p> <p>2. Decree — Motion to Modify Stricken from Files — Res Judicata. One who succeeded in having stricken from the files a motion to modify a decree made by one not a party to the suit, on the ground that the decree did not bind the mover, cannot afterwards assert that the decree is res judicata against the mover.</p> <p>3. Trial — No Prejudicial Error. The proceedings examined, and held to be free from prejudicial error.</p>