Parmenter v. Lomax
Citations
- 68 Kan. 61
- 74 P. 634
- 1903 Kan. LEXIS 408
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Fraudulent Conveyance — Creditor’s Bill — Condition Precedent. In an action by a creditor to recover judgment on a money demand, land of the debtor was attached which had theretofore been conveyed by him to third persons. The action was against ■ the debtor alone, who was a non-resident and absent from the state. Service was had by publication against the defendant, judgment rendered for the amount of the creditor’s demand, and the attached property ordered to be sold. The creditor then instituted a suit in the nature of a creditor’s bill to set aside as fraudulent the conveyances made by his debtor to the other parties, and to subject the land to the payment of the judgment. Held, that the action could be maintained.</p> <p>2. - Conveyance to Relative Upheld. An insolvent debtor who intends to defraud his creditors may convey property to a relative who has knowledge of the grantor’s indebtedness, adequate consideration having been paid, and such transfer will be upheld unless it appears that the vendee was a participant in the fraud.</p>
Judges: Smith
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12 cases in this archive cite this case.
- Cole v. ThackerSupreme Court of Kansas· 1944-03-04· cited 20×
- Gorham State Bank v. SellensSupreme Court of Kansas· 1989-04-14· cited 16×
- Ward v. BennerSupreme Court of Kansas· 1913-04-12· cited 11×
- Causemaker v. DeRooSupreme Court of Kansas· 1941-05-10· cited 9×
- Bremen State Bank v. LofflerSupreme Court of Kansas· 1926-05-08· cited 8×
- Robertson v. AndrusSupreme Court of Kansas· 1928-04-07· cited 7×
- Union National Bank v. TernesSupreme Court of Kansas· 1922-02-11· cited 6×
- Benson v. AltenburgSupreme Court of Kansas· 1927-10-08· cited 6×
- Howard v. HowardSupreme Court of Kansas· 1939-01-28· cited 5×
- Grisier v. Farmers State BankSupreme Court of Kansas· 1917-12-08· cited 4×
- Panhandle Eastern Pipe Line Co. v. ParishD. Kansas· 1947-01-06
- Citizens State Bank v. FarmerSupreme Court of Kansas· 1937-01-23
Cites
3 cases in this archive are cited by this case.
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