Hobson v. Ogden's Executors
Supreme Court of Kansas
Error from Dioldnson District Court. In August 1860, W. J. Hobson gave to R. W. Ogden his due-bill for $559.12, with A. G. Hobson as surety. In 1867 Ogden recovered judgments against said Hobsons on said due-bill, and executions thereon were returned “no property found.” All the parties resided in Kentucky, and said judgments were recovered in the circuit court of Warren county in that state.
Read the full summary
Error from Dioldnson District Court. In August 1860, W. J. Hobson gave to R. W. Ogden his due-bill for $559.12, with A. G. Hobson as surety. In 1867 Ogden recovered judgments against said Hobsons on said due-bill, and executions thereon were returned “no property found.” All the parties resided in Kentucky, and said judgments were recovered in the circuit court of Warren county in that state. A. G. Hobson, who then held the “ Receiver’s Receipts” showing the entry by him of some 800 acres of land lying in Dickinson county, Kansas, on the 23d of March 1870 assigned said “receipts” to his son…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to set aside a conveyance of a tract of land, and to subject the land to the payment of the debts of the vendor. Three questions are presented. It is insisted that the court erred in permitting an amendment of the petition after the commencement of the trial. As the petition stood it alleged the conveyance in 1870, the recovery of a judgment against the vendor in 1872, and that the conveyance was fraudulent and with intent to hinder, delay and defraud the plaintiff. It did not allege when the plaintiff’s claim accrued…
2Cited by13 opinions
- McCann v. McCannSupreme Court of Oklahoma · 1909
- Boots v. CanineIndiana Supreme Court · 1884
- Duff v. DuffCalifornia Supreme Court · 1886
- Buzard & Hilliard v. McAnulty & MostyTexas Supreme Court · 1890
- Gibbs v. GibbsSupreme Court of Kansas · 1877
8 more not listed; retrieve them via the Exa API.