Kline v. Cowan

Citations

• 84 Kan. 772
• 115 P. 587
• 1911 Kan. LEXIS 416

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and OWNERSHlp-^-CW'ueycmce in Fraud of Creditors. The owner of a hotel in another state — a single man — bought furniture and fixtures therefor of a hardware company. Thereafter he conveyed the hotel in exchange for a farm in Kansas, and to defraud his creditors, and especially the hardware company, procured the deed for the land to be made to his sister-in-law and himself jointly. Soon thereafter he quitclaimed the land without consideration to the husband of the sister-in-law, who without consideration also quit-claimed to her. Held, that the land is still to be regarded as the property of the single man and subject to execution for the debt of the hardware company, notwithstanding the sister-in-law and her husband occupied it and claimed it as a homestead before the judgments were recovered.</p> <p>2. Homesteads — Gratuitous Grantee — Injunction. To impress land with, a homestead character some real interest or ownership must exist, and a mere gratuitous grantee of one who •conveys to defraud his creditors does not acquire any real interest or ownership, and such grantee is not entitled to an injunction against the sale of such land in satisfaction of the grantor’s debts.</p> <p>3. Deeds — Notice—Fraud. Deeds duly recorded impart notice of their contents but not of fraud practiced by means of such deeds, unless their character or terms are such as to furnish evidence of such fraud or information which may lead to its discovery.</p>