Wyatt v. Collins

Citations

• 105 Kan. 182
• 180 P. 789
• 1919 Kan. LEXIS 46

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Opening up Judgment — Loss of Files by Fire — Presumptions. After a judgment by default had been opened up under section 83 of the civil code, and the cause had been tried, the files of the case were destroyed by fire. Held, on the facts stated in the opinion, it will be presumed that the application to open the judgment complied with the statutory requirements.</p> <p>2. Same — Answer Filed a. “Full Answer” within the Statute. An answer filed with an application to open a judgment in a suit to quiet title, which expressly denies the facts pleaded in the petition, is a “full answer” within the meaning of the provisions of section 83 of the civil code.</p> <p>3. Same — Judgment by Default — Amended Answer — Judicial Discretion. After a default judgment has been opened up under the provisions of section 83 of the civil code, it is within the discretion of the court to permit an amended answer to be filed.</p> <p>4. Same — Fraudulent Conveyances. The evidence and findings are held sufficient to establish that certain conveyances were made in fraud of creditors.</p> <p>5. Same — Land Fraudulently Conveyed May Not be Recovered by Grantor Nor His Heirs. With-the intent to hinder and delay his creditors, a husband and wife conveyed certain real estate, which the husband owned, to a third person, who at once conveyed the title to the wife. Several years after the husband’s death, the widow conveyed to her daughter the share to which the latter would have been entitled if the property had belonged to the deceased. The daughter died, and the widow sued the heirs of the daughter to quiet her own title and to cancel the deed conveying an interest to the daughter. The defendants pleaded that the conveyances were made in fraud of creditors. Held, that while the law is well settled that where property is transferred with a fraudulent purpose, neither the grantor nor his heirs can recover it, the answer stated a good defense to the action.</p> <p