Breitkreutz v. National Bank
Supreme Court of Kansas
Error from Jackson district court; Marshall Gephart, judge. STATEMENT. This was a suit by the National Bank of Holton, a creditor of Henry Breitkreutz, sr., to set aside amortgage for $2600 executed by the latter to his son, Herman Breitkreutz, and also a deed to his daughter-in-law, Rachel N. Breitkreutz.
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Error from Jackson district court; Marshall Gephart, judge. STATEMENT. This was a suit by the National Bank of Holton, a creditor of Henry Breitkreutz, sr., to set aside amortgage for $2600 executed by the latter to his son, Herman Breitkreutz, and also a deed to his daughter-in-law, Rachel N. Breitkreutz. The bank held a note ■of Henry Breitkreutz, sr., and Fred Breitkreutz for $2840.52, which became due on February 17, 1899. On January 26, 1899, the mortgage above mentioned was executed. On February 20, 1899, the bank commenced an action against the makers of the note to recover $2173.05,…
1Opinion of the Court
The opinion of the court was delivered by
William R. Smith, J. :(1) The testimony respecting the consideration for the $2600 mortgage executed by Henry Breitkreutz, sr., to his son satisfies us that the referee was justified in finding it to be fraudulent *701«,s against the creditors of the mortgagor. While the testimony might have supported a conclusion that part of the consideration passed from the mortgagee to the mortgagor, yet beyond this the showing made by the parties to the instrument was far from satisfactory. If the mortgage was fraudulent in part it was void in toto. (Wallach v. Wylie,…
2Cases cited6 opinions
- Wallach v. WylieSupreme Court of Kansas · 1882
- Tennent v. BatteySupreme Court of Kansas · 1877
- Taylor v. LanderSupreme Court of Kansas · 1900
- Daskam v. NeffWisconsin Supreme Court · 1891
- Page & Co. v. GrantOregon Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Menardi v. WackerNevada Supreme Court · 1909
- Benson v. AltenburgSupreme Court of Kansas · 1927
- Union National Bank v. TernesSupreme Court of Kansas · 1922
- Federal Land Bank v. TawzerSupreme Court of Kansas · 1929