Kindsfather v. Bowling
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The Supreme Court affirmed in part and vacated in part the judgment of the court of appeals reversing the ruling of the district court finding that an amended pleading by the Estate of Francis O. Glaser related back to its original pleading and therefore permitted an additional conveyance to be set aside after the statute of limitations had lapsed, holding that the district court erred in concluding that the late amendment related back to the date of the original motion.
The Estate in this case attempted to void a predate transfer of farm property by Glaser to a friend. In order to do so, at the close of the evidence, the Estate filed a motion to amend the original motion to set aside property conveyances that failed to mention the farm property. The district court permitted the late amendment and found that the amendment related back to the filing of the original motion. Therefore, the court concluded that the claim was not barred by the applicable statute of limitations and that the challenged conveyances should be set aside. The Supreme Court held, like the court of appeals, that the late claim to set aside the farm property was barred by the applicable statute of limitations.
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