Pickens v. Campbell

Citations

• 98 Kan. 518
• 159 P. 21
• 1916 Kan. LEXIS 118

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Executors and Administrators — Action to Set Aside Final Settlement — Fraudulent Concealment — Accounting. The heirs of an intestate may maintain in the district court an action to set aside an order of the probate court approving an administrator’s final account because it was procured by the use of a release obtained from them by intentionally false representations concerning facts which affected the value of the rights they thereby surrendered, and to have an accounting with respect to the administration.</p> <p>2. Same — Fraud—Limitation of Actions. Such an action is based on fraud, and the statute of limitations applicable is that relating to actions for relief on that ground, running from the time of discovery.</p> <p>3. Notice — Constructive Knowledge — Record Title. Constructive knowledge of the falsity of a statement that real estate, the record title to which stood in an intestate at the time of his death, had not been sold by him, is not as a matter of law to be implied on the theory that it could have been discovered through inquiry from the purchasers.</p> <p>4. Pleadings — Demurrer—Petition—Fraud. In this state in an action for relief on the ground of fraud, brought more than two years after its alleged perpetration, the petition to be good against a demurrer need not set out the manner of its discovery.</p>