Gideon, Burton & Co. v. Struve
Court of Appeals of Kentucky
Case 27—PETITION EQUITY APPEAL FROM BRACKEN CHANCERY COURT. 1. The deed from Struve and wife to Coleman operated and was adjudged to be a conveyance of all his property for the benefit of his creditors. 2. Having passed their title and the deed adjudged to be in force with the effect mentioned, in no case can they be entitled to a homestead in the land.
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Case 27—PETITION EQUITY APPEAL FROM BRACKEN CHANCERY COURT. 1. The deed from Struve and wife to Coleman operated and was adjudged to be a conveyance of all his property for the benefit of his creditors. 2. Having passed their title and the deed adjudged to be in force with the effect mentioned, in no case can they be entitled to a homestead in the land. (Cantrill v. Risk, 7 Bush, 159; Leshey v. Perry, 6 Bush, 448; Wing v. Haydon, 10 Bush, 280; Robbins v. Cookendofer, Ibid, 631-)
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
Struve and wife having conveyed to Coleman a lot of two acres of land in Bridgeville, in Robertson county, on which they resided with their family, certain creditors of Struve brought an action under article 2 of chapter 44 of the General Statutes, commonly called the act of 1856, and procured a judgment to sell it and other property conveyed by Struve to Coleman and others, on the ground that, under the statute, the sale operated as an assignment and transfer of all his estate and effects for the benefit of his creditors.. The lot in Bridgeville…
2Cases cited3 opinions
- Kuevan v. SpeckerCourt of Appeals of Kentucky · 1875
- Dugan v. MasseyCourt of Appeals of Kentucky · 1869
- Cantrill v. RiskCourt of Appeals of Kentucky · 1870
3Cited by2 opinions
- Allen's Sons v. Dillingham's AssigneeCourt of Appeals of Kentucky · 1898
- Davis v. H. Feltman Co.Court of Appeals of Kentucky · 1901