Union National Bank v. Ternes

Citations

• 110 Kan. 475
• 204 P. 699
• 1922 Kan. LEXIS 75

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cerditor’s Bill — Prerequisites to Right to Maintain a Creditor’s Bill. It is a prerequisite to the maintenance of a creditor’s bill, in which it is asked that transfers of real estate be set aside as fraudulent and the property transferred be subjected to the payment of the plaintiff’s debt, that he shall have reduced his debt to judgment; and it is ordinarily necessary for him to show that execution has been returned unsatisfied or that the remedies afforded by law have been exhausted.</p> <p>2. Same. The proofs offered by plaintiff are examined and held to have been insufficient to entitle the plaintiff to the equitable remedy sought.</p>