48 Ind. App. 304 | Ind. Ct. App. | 1911
This is an action brought originally by appellant Alfred Kendall, against appellee, to compel said appellee to reconvey to said appellant certain land in Rush county, Indiana, and to quiet his title thereto.
The complaint is in two paragraphs. The first paragraph alleges that the land described in the complaint was owned by plaintiff Alfred Kendall, and by him was conveyed to said Marcus A. Kendall, without consideration, and under a promise that he would reconvey it to Alfred Kendall, after certain trust purposes had been performed; that such trust purposes had been accomplished, and that he had repeatedly demanded a reconveyance of the land to him by said Marcus A. Kendall, but that he refused to make such conveyance; that said Marcus A. Kendall immediately laid claim to the land, and is now in possession thereof, without right; that his claim is unfounded and without right, and adverse to said plaintiff’s interest therein.
Upon the conclusion of the first trial, a commissioner was appointed by the trial court to convey the land to Alfred Kendall, and as soon as a conveyance had been made to him he at once conveyed the land to Bessie Norris, one of the parties to this appeal. As soon as she obtained title, she petitioned to be permitted to appear in said cause, which petition was granted, and she immediately filed a. motion to set aside the order made by the court, granting appellee a new trial as of right, which motion was overruled and exceptions duly taken. The issues were then reformed, the cause proceeded to trial with such new party, and a second trial resulted in a decree for appellee.
The complaint is not an ordinary one to set aside a fraudulent conveyance of land for the benefit of creditors, but is a suit to annul a conveyance, and revest the title in an owner who had been induced to part with it by imposition and unfair means.
It appears that the decree rests upon the first paragraph