Behan v. Warfield
Court of Appeals of Kentucky
Case 23 — PETITION EQUITY APPEAL EROM BRECKINRIDGE CIRCUIT COURT. issue an attachment without bond, and, therefore, the attachment was void. (Civil Code, sec. 439; Austin v. Payne, &c., 7 Bush, 480; Weatherford v. Myers, 2 Duv., 91.) 2. A return of “ nulla bona ” by the proper officer is necessary to the jurisdiction of the court to set aside a fraudulent conveyance of land unless a valid attachment has been levied on the land and sustained.
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Case 23 — PETITION EQUITY APPEAL EROM BRECKINRIDGE CIRCUIT COURT. issue an attachment without bond, and, therefore, the attachment was void. (Civil Code, sec. 439; Austin v. Payne, &c., 7 Bush, 480; Weatherford v. Myers, 2 Duv., 91.) 2. A return of “ nulla bona ” by the proper officer is necessary to the jurisdiction of the court to set aside a fraudulent conveyance of land unless a valid attachment has been levied on the land and sustained. (Martz v. Pfeifer, 80 Ky., 600.) 3. It being a question of jurisdiction, and the appellants being infants, they can not have waived any defense by…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
The appellee, Thomas W. Warfield, having a return of nulla bona upon an execution issued from a quarter*153ly court against Marion J. Behan, brought this action, assailing a conveyance of a house and lot by the debtor to his mother, Clarinda Behan, as fraudulent, and seeking to subject the property to the payment of his judgment.
The lot-was purchased by the debtor after the creation of the appellee’s debt, and it is evident the conveyance to the mother was fraudulent. It was made after the suit had been brought in which the judgment was obtained, and…
2Cases cited3 opinions
- Barton v. BartonCourt of Appeals of Kentucky · 1882
- Martz v. PfeiferCourt of Appeals of Kentucky · 1883
- Kyle v. O'NeilCourt of Appeals of Kentucky · 1889
3Cited by3 opinions
- Magic City Coal & Feed Co. v. LewisCourt of Appeals of Kentucky · 1915
- Daniels v. HarpCourt of Appeals of Kentucky (pre-1976) · 1945
- Shepherd v. HaymondCourt of Appeals of Kentucky (pre-1976) · 1942