Brewer v. Cosby
Court of Appeals of Kentucky
Case 74 — PETITION EQUITY APPEAL PROM WEBSTER CIRCUIT COURT. CITED Act of March 10, 1850. CITED Revised Statutes, 1 Stanton, 553, 554. Revised Statutes, sec. 7, chap. 26; sec. 23, chap. 80. Civil Code, section 474. 3 J. J. Marshall, 265, Cosby v. Ferguson. 3 Metcalfe, 259, Samuel, &c. v. Salter.
1Opinion of the Court
JUDGE PETERS
delivered the opinion of the court.
In Cummins v. Griggs & Hayes (2 Duvall, 87) this court held that the sale of a growing crop of tobacco in August by a debtor, the price 'being paid, with an agreement that the vendor should remain in the ostensible possession to cut and cure the crop after it was matured, was not constructively fraudulent as to his creditors, and that the sale passed' the title to the vendee.
In Morton v. Ragan & Dickey (5 Bush, 334) it was held that the sale of a growing crop before it was matured, and when it was on that account exempt from execution, would pass…
2Cases cited1 opinion
- Morton v. Ragan & DickeyCourt of Appeals of Kentucky · 1869
3Cited by2 opinions
- Blincoe v. LeeCourt of Appeals of Kentucky · 1876
- Williams v. Carter, TrusteesCourt of Appeals of Kentucky (pre-1976) · 1925