Hutterer v. Byler

Citations

• 94 Kan. 128
• 146 P. 352
• 1915 Kan. LEXIS 56

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Action — For Fraud in Obtaining a Deed — Fraud Not Proven. In an action to recover damages against a party for wrongfully depriving an owner of his land, by obtaining a deed thereto from a former owner and also a judgment quieting his title to the land as against the real owner, and by subsequently conveying the land to an innocent purchaser, judgment was rendered against such party for the value of the land, but an attorney who represented him in the litigation and was made a party defendant in the action was held not to be guilty of fraud which would render him liable for damages. Held, upon an appeal from a finding and judgment in favor of the attorney, that there is evidence to support the finding.</p>