54 Kan. 618 | Kan. | 1895
The opinion of the court was delivered by
It is insisted that, if Mrs. Alice Agner was entitled to recover a judgment in her favor, it should have been for the annulment of the conveyances alleged in her petition and the reinvestment in her of the title to the property ; therefore, that the trial court erred in rendering a personal judgment for the value thereof. No objection appears in the record to have been taken to the amended petition on account of any misjoinder of parties or causes of action, or for duplicity or multifariousness. The parties submitted the case to the court for final disposition, expressly waiving a jury. There was no proof offered upon the trial that George L. Beard, to whom the property in controversy was conveyed by Wm. J. Pollock and wife, or the mortgagors of the property, had any notice or knowledge of the wager or bet between R. H. Agner and Wm. J. Pollock. They were innocent parties. At the commencement of this action, George L. Beard, who held the legal title to the property, was the bona fide owner and holder thereof. The deed of the property had been obtained from Mrs. Agner without any consideration. Before it was delivered by H. P. Farrar, the stakeholder, to Pollock, he had notice of the illegal transactions between R. H. Agner and Wm. J. Pollock, and, under the decisions of this court, Mrs. Agner was entitled to reclaim and recover the deed, on demand, from Farrar. (Reynolds v. McKinney, 4 Kas. 94; Jennings v. Reynolds, 4 id. 110; Cleveland v. Wolff, 7 id. 184.)
With full notice of all of the rights of Mrs. Agner, ac
Some of the witnesses testified the property was worth $900, others that it was worth $1,000. It was incumbered with a mortgage of $106, which, with interest thereon, amounted to $120 at the time of the conveyance to Pollock. The deed was dated the 6th of November,' 1888. There was sufficient evidence to sustain the judgment of $875, as rendered. The judgment will be affirmed.