Sedbrook v. McCue

Citations

• 104 Kan. 813
• 180 P. 787
• 1919 Kan. LEXIS 368

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action to Set Aside Conveyances — Fraud Alleged — Evidence Insufficient to Prove Fraud. In an action to set aside a number of conveyances of real estate on the ground that they were fraudulent and made for the purpose of secreting the property and preventing the appropriation of the same to the payment of the real owner’s indebtedness, it is held that the testimony was insufficient to prove the charges of fraud.</p> <p>2. Same — Money Advanced to Defeat Action — Not Contrary to Public Policy. The furnishing of money to enable a debtor to conduct a litigation intended to defeat the recovery of an unenforceable mortgage against the debtor, where those furnishing the money for the litigation were sureties upon a valid indebtedness of his, and which they would have been compelled to pay if the invalid mortgage was enforced, is not deemed to be contrary to public policy.</p> <p>3. Same — Attorneys—Contingent Fees — Validity of Contract. A contract between a client and attorneys to the effect that they would carry on the litigation mentioned and receive as their compensation one-half of the properties and moneys that might be saved by their efforts, the client to pay the costs, was not illegal or against public policy.</p>