Hartman v. Hosmer

Citations

• 65 Kan. 595
• 70 P. 598
• 1902 Kan. LEXIS 96

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conveyance — Fraud—Burden of Proof . In an action to subject property to the payment of debts, which it is alleged had been sold or conveyed with the fraudulent intent to hinder, delay and defraud creditors, the burden of proving the existence of fraud is on him who asserts it. He must not only show that such was the intent of the vendor, but also show that the purchaser had knowledge thereof or had knowledge of facts that would arouse the suspicions of an ordinarily prudent man.</p> <p>2. Practice, District Court — Objections to Special Questions. Where objections are made to all the special questions requested by one party, and no specific objection is made to any separate question, and some of such questions are proper and should be > submitted, held, that it is not error to overrule such objections.</p>