Martz v. Pfeifer
Court of Appeals of Kentucky
Case 109 — EQUITY APPEAL FROM CAMPBELL CIRCUIT COURT. 1. A conveyance from 'a..husband directly to his wife, without the intervention of a trustee, is void at law, and void in equity as against prior creditors. (Scarborough v> Watkins, 9 B. Mon., 545; Maramon v. Maramon, 4 Met., 87; 3 Mon., 34; 4 Dana, 141; 12 Bush, 459.) 2. An action by a surety against his principal is originally cognizable in equity.
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Case 109 — EQUITY APPEAL FROM CAMPBELL CIRCUIT COURT. 1. A conveyance from 'a..husband directly to his wife, without the intervention of a trustee, is void at law, and void in equity as against prior creditors. (Scarborough v> Watkins, 9 B. Mon., 545; Maramon v. Maramon, 4 Met., 87; 3 Mon., 34; 4 Dana, 141; 12 Bush, 459.) 2. An action by a surety against his principal is originally cognizable in equity. (7'Mon., 544; 3 B. Mon., 424; 10 16., 80; 2 Bibb, 274.) 3. A judgment and return of nulla bona is not necessary if the petition contain the allegations required by subsection 2 of section 194,…
1Opinion of the Court
■JUDGE PBYOB
delivered the opinion op the court.
The appellant, Jacob Martz, had paid as surety for the •appellee, H. Pfeifer, several hundred dollars, and instituted his action in equity in the Campbell circuit court, asking judgment for the amount, and also seeking to subject to •the payment of the indebtedness certain real estate that had been conveyed by the appellant to his wife (a co-appellant) Margaret, for no other consideration than that of love and affection. .
He alleged that the conveyance was made subsequent to the creation of the debt, and was fraudulent, &c.; further alleged that…
2Cited by7 opinions
- O'Kane v. VinnedgeCourt of Appeals of Kentucky · 1900
- Johnson v. ElkinsCourt of Appeals of Kentucky · 1890
- Behan v. WarfieldCourt of Appeals of Kentucky · 1890
- Kyle v. O'NeilCourt of Appeals of Kentucky · 1889
- Shuler v. HalvorSouth Dakota Supreme Court · 1917
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