Randall v. Ross

Citations

• 94 Kan. 708
• 147 P. 72
• 1915 Kan. LEXIS 152

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Action — Setting Aside Deed — Canceling Mortgages Fraudulently Obtained — Jurisdiction in County Where Land is Situate. The petition alleged that the defendants (who resided in Neosho county) had fraudulently taken advantage of plaintiff’s mental incapacity and induced him to exchange a half section of land in Clark county for certain lots in the city of Ashland and to execute certain notes secured by mortgage on the lots, and also covering a certain promissory note for $1310, the difference in value of the properties thus purporting to be exchanged being $4700; that the defendants would, unless restrained, assign and transfer the notes and mortgage and convey the land to innocent purchasers. The plaintiff offered to reconvey and prayed that the defendants be restrained and enjoined from transferring the notes and mortgage and from conveying the real estate, “and that all of said deeds, notes and mortgages be cancelled and set aside and each of the parties restored to the property that they had before said purported exchange of properties,” and for costs. Held, that the action was not to compel the defendants to do or undo anything, but to obtain from the court a decree destroying the effect of the pretended exchange and restoring the plaintiff and his land to that freedom from cloud and apparent liability existing before the transaction with the defendants was had, and was properly brought in Clark county, where the land is situated.</p>