Hollinger v. Boatmen's Bank

Citations

• 69 Kan. 519
• 77 P. 263
• 1904 Kan. LEXIS 285

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Descents and Distributions—Fraudulent Conveyance of Undivided Interest by Heir. Tke legal title to land occupied as a homestead descends, upon the death of the owner intestate, to his widow and children, who inherit thereby present and valuable interests which they cannot give away in fraud of their creditors.</p> <p>2. - Voluntary Conveyance by Insolvent Heir Out of Possession to the Mother in Possession Held Fraudulent. A voluntary conveyance of his interest by a son not occupying the homestead to the widow who has continued to occupy it, which has the effect of defrauding his creditors, will be set aside at the suit of a creditor in a proper proceeding for that purpose, and a lien will be declared thereon in its favor where the antecedent proceedings have created it.</p>