Whiteley v. Watson

Citations

• 93 Kan. 671
• 145 P. 568
• 1915 Kan. LEXIS 7

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trust Deed — Action to Set Aside — Undue Influence — Fraud —Findings Sustained by Evidence. In this action, commenced by heirs at law to set aside a trust deed made by their ancestor for the benefit of other heirs and their children, on the ground of undue influence and fraudulent conduct of the grantee in obtaining the deed, and upon the ground also that it had never been delivered, it is held that the findings of the district court upon these issues are sustained by competent evidence.</p> <p>2. Same — Admission of Immaterial Evidence — Not Prejudicial. Objections to the admissibility of certain evidence are considered and found to be immaterial because the findings of fact are supported by competent evidence, aside from the testimony objected to which does not appear to have prejudicially affected the substantial rights of the parties objecting thereto.</p> <p>3. - Stipulation for Settlement. The ruling upon a stipulation for settlement, made upon certain conditions not fulfilled, is considered and approved.</p>