Hunt v. Spencer
Supreme Court of Kansas
Error from Cherokee District Court. On the 2d of December 1874, Hunt conveyed by general warranty deed certain property situated in the city of Columbus, to Martha Hunt, his daughter. On the 5th of said December Spencer commenced an action against Hunt, and thereafter recovered a judgment against him for $950, and costs. An execution was issued on such judgment, and returned “ no goods.”
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Error from Cherokee District Court. On the 2d of December 1874, Hunt conveyed by general warranty deed certain property situated in the city of Columbus, to Martha Hunt, his daughter. On the 5th of said December Spencer commenced an action against Hunt, and thereafter recovered a judgment against him for $950, and costs. An execution was issued on such judgment, and returned “ no goods.” Thereupon Spencer brought this action against said Jonathan Hunt and Martha Hunt, to set aside the conveyance between them of 2d December 1874, as fraudulent and void as to him, and to subject the property…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to set aside a conveyance, as fraudulent. A decree was rendered as prayed for, and this proceeding in error is brought to set asidé that decree.
A motion was made in this court to strike out the transcript, and dismiss the petition in error. This motion, as an entirety, was overruled, because the pleadings and journal entries were properly authenticated. But so far as it attacks the so-called “ bill of exceptions, or case-made,” it must be sustained. That has no validity. The motion for a new trial was overruled on February…
2Cases cited4 opinions
- Miller v. WilsonOhio Supreme Court · 1846
- Missouri & Kansas Transportation Co. v. PalmerSupreme Court of Kansas · 1878
- Carlin v. DoneganSupreme Court of Kansas · 1875
- Shumaker v. O'BrienSupreme Court of Kansas · 1878
3Cited by9 opinions
- Bennett Ex Rel. Wilson v. BennettSupreme Court of Oklahoma · 1905
- Farmers State Bank ex rel. Johnson v. MitchellSupreme Court of Kansas · 1936
- Carter v. BeckerSupreme Court of Kansas · 1904
- Metz v. WilliamsSupreme Court of Kansas · 1939
- Security Benefit Ass'n v. SwartzSupreme Court of Kansas · 1937
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