Reemsnyder v. Reemsnyder

Citations

• 75 Kan. 565
• 89 P. 1014
• 1907 Kan. LEXIS 103

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conveyances — Unnamed Grantee — Fraud Not Conclusively Shown. Two brothers purchased a tract of land wholly on credit. The contract was written in the name of one of them, and upon the completion of payment á deed was executed to him. He died, and his brother brought suit against his heirs, who claimed to be -tlie absolute owners of the property, to-establish a right to a half interest in the land. The plaintiff’s witnesses testified that when the sale was made the purchasers stated, as a reason for making the contract in the'name of one of them, thát the other was a surety for his father on a note at the bank. There was evidence that the note was also secured by a chattel mortgage, and was paid in full before any payment was made on the land. Held, that this testimony did not justify sustaining a demurrer to the evidence upon the theory that it conclusively showed that the plaintiff’s name was omitted from the papers for the purpose of defrauding the bank.</p> <p>2. PARTNERSHIP — Land Held by One Partner in Trust — Suit before an Accounting. Assuming that the land belonged as partnership property to a firm composed of the brothers, the action described in the foregoing paragraph was not within the rule which prevents one partner from suing another upon a partnership transaction prior to an accounting.</p> <p>3. Pleadings — Amended Petition — Original Superseded — Latter as Evidence. Where a complete amended petition is filed it supersedes the plaintiff’s original pleading, the allegations of which are no longer absolutely binding upon him, although they may constitute evidence against him.</p> <p>4. Partnership — Evidence—Suit for Partition. The evidence in this case examined and held not to show conclusively that the land in question was partnership property, and thereby to forbid a suit for partition prior to an accounting.</p>