Young v. Buck

Citations

• 97 Kan. 195
• 154 P. 1010
• 1916 Kan. LEXIS 261

Syllabus

<p>OPINION DENYING A REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Fraudulent Conveyance — Creditor’s Bill — Limitation of Actions. Although during the pendency of an action for the recovery of money the defendant makes a conveyance of real estate, which is at once recorded, the circumstances being such as to charge the plaintiff immediately with notice of its execution and of its fraudulent character, the statute of limitation (requiring actions for relief on the ground of fraud to be brought within two years from the discovery of the fraud) does not begin to run against an action to subject the land conveyed to the payment of the plaintiff’s claim until judgment has been rendered in the original action, provided it is prosecuted with reasonable diligence.</p> <p>2. Same — Attachment—Choice of Remedies. The fact that plaintiff has not resorted to attachment does not affect his rights with respect to subjecting to the payment of his judgment land fraudulently conveyed by his debtor.</p>