McKelvey v. McKelvey

Citations

• 75 Kan. 325
• 89 P. 663
• 1907 Kan. LEXIS 60

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Fraud—Husband and Non-resident Wife. A husband cannot deprive his non-resident wife of her interest in his real estate in Kansas by fraudulently procuring a judgment to be rendered against him, under which he causes the land to be sold on execution and the title to be passed to a party to the fraud.</p> <p>2. Husband and Wipe — Interest of Wife — Ejectment by Widow —Heirs Estopped. The interest given by statute to a wife in the real estate of her deceased husband is not an inheritance, and she may maintain ejectment therefor against one in possession whose title thereto was acquired by a fraudulent conspiracy entered into with the husband during his lifetime to defraud the wife of such interest, notwithstanding the heirs of the husband could not recover the real estate.</p> <p>3. - Collusive Judgment Held Void — Limitation of Wife’s Right to Bring Action. Where a husband and his son enter into a conspiracy to defraud the wife of her interest in the real estate of her husband in Kansas, and in furtherance of such conspiracy the husband executes a promissory note without consideration to a fictitious person, upon which they cause a judgment to be rendered, the land sold thereunder, and the title thereto passed to the son, the wife may maintain ejectment to recover her interest in such land against the son at any time within the statutory period of limitations after the death of the husband.</p>