Kittel v. Smith

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is from an order of the trial court sustaining the motion of the defendants for judgment on the pleadings.

The plaintiff in his petition sought to set aside a deed from the principal defendant to his wife as fraudulent and void and to have *523the land described therein declared to be the property of the grantor and subject to the lien of the plaintiff’s judgment against him. The petition, filed in March, 1931, alleged that a demand had been made upon the principal defendant for payment of this claim in June, 1922, that…