German National Bank v. Engeln's Committee
Court of Appeals of Kentucky
Case 46 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. The legal and equitable rights of a creditor of a lunatic should be enforced against his estate. (Steinburg v. Schoolcroft, 2 Barb. 153; Robertson v. Lane, 19 Wend. 650; Bac.
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Case 46 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. The legal and equitable rights of a creditor of a lunatic should be enforced against his estate. (Steinburg v. Schoolcroft, 2 Barb. 153; Robertson v. Lane, 19 Wend. 650; Bac. Abr., Idiots and Lunatics, D.; 2 East. 102; 2 Term Rep. 390; 4 ibid. 121; 6 ibid. 133; 12 Yes. jr., 38; 3' Page, 200.) 2. It is now unnecessary to discuss whether the statute of 17 Edward II, Be Prerogativa Regis, was remedial or declaratory of the common law, etc., or to discuss any statute prior to the Revised Statutes, as section 1, chapter 48, Revised…
1Opinion of the Court
-CHIEF JUSTICE PRYOR
delivered the opinion oe' the court.
In the month of April, 1875, John Engeln, by proper proceeding under the statute, was adjudged a lunatic, and Jacob Dolfinger was appointed his committee. A petition was filed under article 2, chapter 53 of the General Statutes, asking a sale of so much of the real estate belonging to the lunatic as might be necessary to pay his debts and maintain his family. During the progress of the action, and at the instance of the wife and children of the lunatic it was adjudged by the chancellor that the claims of the lunatic and his family, for a…
2Cited by1 opinion
- Central Kentucky Asylum for the Insane v. DraneCourt of Appeals of Kentucky · 1902