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>