58-2408.
Cases to which K.S.A. 58-2406 shall not extend.
The provisions of the section next before the last shall not extend to cases where the alienee shall have taken an absolute conveyance in his or her own name without the consent of the person with whose money the consideration was paid; or where such alienee in violation of some trust shall have purchased the land with moneys not his or her own; or where it shall be made to appear that by agreement and without any fraudulent intent the party to whom the conveyance was made, or in whom the title shall vest, was to hold the land or some interest therein in trust for the party paying the purchase money or some part thereof.
History:
G.S. 1868, ch. 114, § 8; October 31; R.S. 1923, 67-408.
Notes of Decisions
United States v. Krause (In Re Krause), 386 B.R. 785 (Bankr. D. Kan. 2008).
· cites it 4× “” The exceptions in Kan. Stat. Ann. § 58-2408 (2005) are situations where (1) the transferee takes the property in his own name without the payor’s consent; (2) the transferee purchases the property with funds not rightly his own; or (3) where it is shown that by agreement, and…”
Davis v. Hoa Thi Pham (In Re Tung Thanh Nguyen), 783 F.3d 769 (10th Cir. 2015).
· cites it 3× “The Blevins court also broadly stated that joint tenancies are compatible with resulting trusts under Kan. Stat. Ann. § 58-2408 . Blevins, 605 P.”
Univ. State Bank v. Blevins, 605 P.2d 91 (Kan. 1980).
· cites it 2× “The second following section, K.S.A. 58-2408, provides an exception to the 58-2406 rule, “where it shall be made to appear that by agreement and without any fraudulent intent the party to whom the conveyance was made, or in whom the title shall vest, was to hold the land or some…”
Stauth v. Stauth, 582 P.2d 1160 (Kan. Ct. App. 1978).
“K.S.A. 58-2408 provides in part that an exception exists “where it shall be made to appear that by *514 agreement and without any fraudulent intent the party to whom the conveyance was made, or in whom the title shall vest, was to.”
In Re Harrison, 430 B.R. 679 (Bankr. D. Kan. 2010).
“K.S.A. 58-2408, however, provides an exception by stating that K.”
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