Watts v. Myers

Citations

• 93 Kan. 824
• 145 P. 827
• 1915 Kan. LEXIS 31

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Deed Procured by Fraud and Duress of Husband — Certain Evidence of Wife Showing Duress Was Competent.- On the trial of an action by a widow to recover possession of land which she had been induced to convey by the fraud and duress of her former husband she was asked whether or not she had heard that her husband had made threats in case she did not sign the deed, and answered in the affirmative. She was also permitted to testify in answer to a question why she feared there would be more trouble. “Well, I had it from the surrounding circumstances, what had happened.” Held, that such testimony was not incompetent by reason of section 320 of the civil code as amended by chapter 229 of the Laws of 1911, concerning transactions or communications had with deceased persons.</p> <p>2. Same — Statements of Deceased Husband Claiming Ownership of Land Competent Evidence. The testimony showed and the court found that the former husband in conspiracy with his brother had- by fraud and duress procured from the wife a deed conveying the land to the brother but that the husband continued to be the real owner of the land up to the time of his death, and that the defendants were voluntary grantees without consideration, the deed to them being made for the purpose of defrauding the plaintiff. Held, that it was proper to receive in evidence proof of statements made by the deceased husband after the execution of the deed by the wife that he still owned the land and had deeded it to his brother to defraud his wife.</p> <p>3. Same — Delay in Bringing Suit no Estoppel. Mere delay in bringing suit does not estop the plaintiff from its .maintenance when the property has remained substantially the same and the rights of no innocent third party have intervened.</p> <p>4. Same — Limitation of Action — Not Available to Nonresident. The defendants never having been within the state of Kansas could not avail themselves of the fifteen years’ statute of