Legal Opinion

McPherson v. Kingsbaker

Supreme Court of Kansas

Decided July 15, 1879PublishedCited by 10 opinions

Error from Harvey District Court. Action brought by S. Kingsbaker, and M. Kingsbaker, partners as Kingsbaker & Brother, against M. C.' McPherson, John McPherson, and Lucy V. Darrow, to set aside a certain •deed alleged to have been made to defraud creditors. Trial •at the September Term, 1878, of the district court, and judgment for the plaintiffs. The defendants bring the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Two questions are presented: Did the court ■err in overruling the demurrer to the petition?. Ought the -motion to set aside the judgment, and for a new trial to have ■been sustained?

The action was to set.aside a deed as executed in fraud of .plaintiffs’ rights as creditors; and the objections made to the petition are, that it fails to allege that plaintiffs were creditors at the time of the execution of the deed, and also that the allegations of fraud are in general terms. Neither objection can be sustained. It is true the petition lacks a…

2Cited by10 opinions

  1. Engelbrecht v. HerringtonSupreme Court of Kansas · 1918
  2. Owens v. DeutchSupreme Court of Kansas · 1943
  3. Gano v. CunninghamSupreme Court of Kansas · 1912
  4. Board of County Commissioners v. SpearmanSupreme Court of Kansas · 1913
  5. Galbreath Gas Co. v. Lindsey Et Ux.Supreme Court of Oklahoma · 1912

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