Kindig v. Richardson

Citations

• 108 Kan. 218
• 194 P. 920
• 1921 Kan. LEXIS 16

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Execution- — Reaches Only Property Actually Owned by Debtor Irrespective of Legal Title. An execution will not reach property to which a judgment debtor merely holds the naked legal title for the benefit of a third party without any beneficial interest therein for himself.</p> <p>2. Same — Oral Transfer of Real Property — Neither the Statute of Frauds Nor Statute of Trusts Applies. Where two persons who each own a half interest in certain lands orally agree that one of them may trade off as his own the interest of both in part of the lands, and that the other party shall be the exclusive owner of the remaining lands, and the one who thus parted with all his interest in the lands after-wards becomes the judgment debtor of another person, the remaining lands cannot be seized and sold on execution to satisfy the judgment debt, and oral testimony in admissible to establish the agreement, notwithstanding no formal conveyance has been made to the exclusive owner thereof, nor though the record still shows title in the judgment debtor.</p>