McCormack v. Woods
Court of Appeals of Kentucky
Case 12 — PETITION EQUITY Appeal prom. garrard circuit court. 1. The onus is on the party alleging it to prove that the deed was made without consideration or fraudulent. 2. The acknowledgment and record of the deed were good as between the parties to it in the absence of fraud. No fraud is alleged or proved. (Wickliffe v. Lyons, 5 J. J. Mar. 87; Isaac v. Gearheart, 12 B. Mon. 235.) 3. A fraudulent deed is good against all the world except creditors and purchasers.
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Case 12 — PETITION EQUITY Appeal prom. garrard circuit court. 1. The onus is on the party alleging it to prove that the deed was made without consideration or fraudulent. 2. The acknowledgment and record of the deed were good as between the parties to it in the absence of fraud. No fraud is alleged or proved. (Wickliffe v. Lyons, 5 J. J. Mar. 87; Isaac v. Gearheart, 12 B. Mon. 235.) 3. A fraudulent deed is good against all the world except creditors and purchasers. (Gilpin v. Davis, 2 Bibb, 417.) 4. A bill quia timet will not lie unless the plaintiff hás both legal title and possession. (Sec.…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion op the court.
On tbe 24th of September, 1866, William Woods conveyed to his daughter Angelina, the wife of appellant, four tracts of land lying in Garrard County, one of which, called the Wyley tract, of one hundred and thirty-one acres, is the land in dispute in this action. On the 5th day of February, 1867, appellant and his wife Angelina, conveyed the same tract of land to G. A. Lackey, and on the 6th of February, 1867, *80Lackey conveyed the same land to appellant John C. McCormack, and on the same day appellant conveyed all but thirty-six and one fourth…
2Cases cited3 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Simmons v. McKayCourt of Appeals of Kentucky · 1868
- Franklin v. BeckerCourt of Appeals of Kentucky · 1874
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- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Garland v. AurinTennessee Supreme Court · 1899
- Orth v. R. B. Park & Co.Court of Appeals of Kentucky · 1904