Olson v. Peterson

Citations

• 88 Kan. 350
• 128 P. 191
• 1912 Kan. LEXIS 67

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed—In Wife’s Name—When Not Fraudulent. If the husband is not in debt and there is no intention to defraud subsequent creditors, a purchase of real estate in the wife’s name upon a consideration paid by the husband is valid.</p> <p>2. - Intent to Defraud—Moral Obligation of Grantee to Reeonvey. Where the owner of real estate with intent to defraud his creditors has conveyed his property to another without consideration, and subsequently settles with his creditors, the grantee is under a high moral obligation to reeonvey the property, but can not be compelled to do so. The moral obligation to reconvey is a valuable and sufficient consideration for a deed by which the title is reconveyed to the original grantor, or at his direction or with his consent is conveyed to him and his wife.</p> <p>3. -Fraudulent Conveyance — Reconveyance to Husband and Wife—Presumptions. In such a case where the lands conveyed consist of a farm occupied for many years by the grantor and his wife as their home and presumably acquired by their joint efforts, and after the settlement with his creditors the grantee in the fraudulent deed conveys the lands to him and his wife without any valuable consideration being paid by the wife, there is no presumption that she was to hold the title conveyed to her in trust for the husband; and prima fade the deed vests in her the absolute title to an undivided half interest in the lands.</p> <p>4. - Same. Whether the intent of the parties to such a transaction was to convey to the wife an absolute interest or merely to restore to the grantees the same title and interest which they had transferred by the former conveyance is a question for the jury to determine, where there are circumstances from which an inference of intent either way may be drawn.</p> <p>5. Subrogation—Mortgage—Rights of Payor. Lands belonged to a husband and wife and were encumbered by a mortgage executed by them. After the death of the wife the husban