Causemaker v. DeRoo

The opinion of the court was delivered by

Hoch, J.:

This was an action to set aside a conveyance alleged to have been made in fraud of the plaintiff as a creditor of the grantors, A demurrer to the petition by the grantors and the grantee was overruled, and from that order the grantee appeals. The principal question is whether recovery was barred by the statute of limitations or by laches of the plaintiff.

On February 28,1925, Arthur H. DeRoo and Mina L. DeRoo, his wife, executed their promissory note to Arthur Causemaker, the appellee, for $5,000, due one year from date. All parties were…