Legal Opinion

Young v. Allen

Court of Appeals for the Sixth Circuit

Decided June 30, 1913No. 2,472PublishedCited by 1 opinion

Appeal from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Action by S. M. Young, as trustee in bankruptcy of the estates of Joseph T. Allen and Daniel C. Lewis, individually and as partners under the firm name of Allen & Lewis, against Ethel M. Allen and Eunice H. Lewis. Judgment for defendants, and plaintiff appeals.

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Appeal from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Action by S. M. Young, as trustee in bankruptcy of the estates of Joseph T. Allen and Daniel C. Lewis, individually and as partners under the firm name of Allen & Lewis, against Ethel M. Allen and Eunice H. Lewis. Judgment for defendants, and plaintiff appeals. This was a plenary suit to set aside a conveyance (bearing date March 18, 1911, and properly recorded) from the bankrupts to the defendants, the wives of the bankrupts, of an undivided one-half interest in certain lands, and…

1Opinion of the CourtWarrington, Circuit Judge

(after stating the facts as above). The controversy in the main depends upon the true nature of the transaction which culminated in the deed of August 15, 1905. As pointed out in'the statement, that deed embraced an undivided one-half interest corresponding to the interest then owned in common by the defendants in the 1,250-acre tract, which the four children had inherited from their father. If the consideration for that conveyance was in truth paid with money belonging to the defendants, and with an understanding that the legal title should be placed in them, it is clear that the equitable…

2Cases cited7 opinions

  1. American Nat. Bank of Nashville v. MillerSupreme Court of the United States · 1913
  2. Thomas v. TaggartSupreme Court of the United States · 1908
  3. Smith v. MottleyCourt of Appeals for the Sixth Circuit · 1906
  4. Sparks v. ColsonCourt of Appeals of Kentucky · 1901
  5. Graham v. KingCourt of Appeals of Kentucky · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Potter v. American Printing & Lithographing Co.Supreme Court of Iowa · 1918

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