Page v. Sawyer

Citations

• 101 Kan. 612
• 168 P. 878
• 1917 Kan. LEXIS 158

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quieting Title — Setting Aside Judgment — Good Faith — Evidence. In an action to set aside a judgment quieting title to real property, on the ground that the judgment was obtained by fraud, the defendant may prove that he acted in good faith, and to do this he may introduce evidence to show the information on which he based his claim of title to the real property, although that evidence may not be admissible to prove title.</p> <p>2. Same — Conversations between Deceased Persons — Competent Witness. A person, who is also a party to an action, may testify to conversations which occurred in his presence, between deceased persons, where the opposite party claims as heir of one of the deceased persons.</p> <p>3. Setting Aside Judgment — False Affidavit for Publication - Service — ■ Good Faith. Proof that statements contained in an .affidavit for publication notice were false is not sufficient to set aside the judgment based on such notice, on the ground that the judgment was obtained by fraud, where those making the affidavit believed that the statements contained therein were true.</p>