Woodman v. Davison

Citations

• 85 Kan. 713
• 118 P. 1066
• 1911 Kan. LEXIS 143

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Ejectment — Wills—Title to Real Estate — Res Judicata. One-owning certain real estate at the time of his death provided in his will that for twenty years it should be used by the executors with other property in continuing his banking-business, and at the end of that period the other property should be divided and this piece of real estate should go to his; son; after his death all debts of the estate and special legacies were paid; the executors continued the banking business, but it shortly became insolvent; creditors began an. action to subject its assets to the payment of their demands; the son was made a party; the petition alleged that all property in the executors’ hands belonged to the business; that any interest the son had in the trust estate was inferior to the equitable lien of the creditors; judgment was rendered' for the sale of the property belonging to the trust estate by a receiver, all parties to be barred of their interest after such sale; the receiver reported that he had sold the real estate-referred to, for an amount which was about equal to its actual value; the sale was confirmed and a deed was ordered' and made, under which possession was taken; at the expiration of the twenty-year period the son brought ejectment. Held, that his claim was barred by the proceedings in the-prior action.</p>