Walline v. Olson

Citations

• 84 Kan. 37
• 113 P. 426
• 1911 Kan. LEXIS 277

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraud — Notice—Public Records — Limitation of Actions. In an action for relief on the ground of fraud it is held, following Black v. Black, '64 Kan. 689, that the records of the probate court involving the transactions complained of were constructive notice of the alleged fraud sufficient to set in motion the two-year statute of limitations.</p> <p>2. - Fiduciary Relations — Actual Notice of Fraud — Limitation of Actions. The evidence examined and held not to disclose such fiduciary relations between the parties as to absolve the plaintiffs from examining the records or such a relation of trust and confidence between them as would prevent the statute from beginning to run until after the actual discovery of the alleged fraud.</p>