26 Kan. 413 | Kan. | 1881
The opinion of the court was delivered by
This was an action brought by Edward Arn against Frederick Hoerseman, Frederick Jansen, Joseph Hoerseman, and E. L. Buesche, to set aside certain deeds of conveyance, claimed to have been executed for the purpose of hindering, delaying and defrauding the creditors of Frederick Hoerseman. A trial was had before the court, without a jury, and the court found generally in favor of the defendants and against the plaintiff, and rendered judgment accordingly. No special findings were made by the court below. The
The evidence showed that Edward Arn was a creditor of Frederick Hoerseman. It also showed that Frederick Hoerseman executed certain deeds of conveyance which had the effect to hinder and delay, and possibly to defeat, Edward Arn in the collection of his debt. But it is claimed by the defendants that the evidence does not show that these deeds were executed with any intention on the part of Hoerseman of hindering or delaying Edward Arn, or any other creditor, in the collection of his debt. The evidence also tended to show that these deeds of conveyance were executed by Frederick Hoerseman for the purpose of paying other creditors, and that while Frederick Hoerseman may possibly have intended to hinder and delay Edward Arn in the collection of his debt, yet that his principal intention was to pay other creditors — or in other words, that Frederick Hoerseman simply intended to prefer other creditors to Edward Arn.
We do not think that the plaintiff sufficiently proved his case; for while he probably introduced sufficient evidence to show that Frederick Hoerseman executed the deeds of conveyance with the intention of hindering, delaying, and possibly defrauding Edward Arn, yef the evidence does not sufficiently show that the parties accepting such conveyance had any knowledge of Frederick Hoerseman’s supposed fraudulent intent, or that they participated in the supposed fraud. There was perhaps sufficient evidence introduced as against Joseph Hoerseman to raise a suspicion that he might possibly have had knowledge of Frederick Hoerseman’s intent, and that he participated therein; but there was not sufficient evidence to prove the same, and there was sufficient countervailing evidence, if taken alone, to prove directly the reverse. And there was really no evidence against the other defendants, Frederick Jansen and E. L. Buesche.
We cannot reverse the general finding of the court below.
The judgment of the court below will be affirmed.