Shaffer v. Knox
Court of Appeals of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. On the 17th day of February, 1891, John D. Knox and Mary D. Knox, his wife, who had been doing business as John D. Knox & Co., being in failing circumstances and insolvent, made a deed of the lots in controversy, belonging to said John D. Knox, in fraud of their creditors, to their minor son, John D. Knox, jr., and on the next day made a general assignment for the benefit of their creditors.
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Error from Shawnee district court; Z. T. Hazen, judge. On the 17th day of February, 1891, John D. Knox and Mary D. Knox, his wife, who had been doing business as John D. Knox & Co., being in failing circumstances and insolvent, made a deed of the lots in controversy, belonging to said John D. Knox, in fraud of their creditors, to their minor son, John D. Knox, jr., and on the next day made a general assignment for the benefit of their creditors. On August 1, 1891, Thomas H. Bowers recovered a judgment against John D. Knox & Co. in the circuit court of Shawnee county for $901.52. An execution…
1Opinion of the Court
The opinion of the court was delivered by
Wells, J.:
The contention of the plaintiff in error is that the court rendered judgment, upon the findings of fact, for the wrong party ; that the judgment should have been in favor of the Shaffer title instead of the Enlow title, and for this several reasons are urged.
*185The first contention is that the judgment in the action brought by Bowers in the circuit court to subject the property to the payment of his debt is res judicata as to Bowers and all persons claiming under his judgment. It seems to be conceded by the defendant in error that if said action…
2Cases cited3 opinions
- Capital Bank v. HuntoonSupreme Court of Kansas · 1886
- Cross v. KnoxSupreme Court of Kansas · 1884
- Merwin v. HawkerSupreme Court of Kansas · 1884
3Cited by1 opinion
- Given v. OwenSupreme Court of Oklahoma · 1918