Napper v. Yager
Court of Appeals of Kentucky
Case 44 — EQUITY appeal prom nelson circuit court. When a demand is purely legal, before attacking a conveyance as fraudulent, the plaintiff must have had his judgment and return of no property, otherwise his action cannot he maintained. (Halbert v.. Grant, 4 Mon., 581; Poague v. Yance, 6 J. J. Mar., 83.) 1. There is no doubt from the proof that the conveyances were fraudulent.
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Case 44 — EQUITY appeal prom nelson circuit court. When a demand is purely legal, before attacking a conveyance as fraudulent, the plaintiff must have had his judgment and return of no property, otherwise his action cannot he maintained. (Halbert v.. Grant, 4 Mon., 581; Poague v. Yance, 6 J. J. Mar., 83.) 1. There is no doubt from the proof that the conveyances were fraudulent. (Gen. Stat., chap. 44, art. 1, secs. 1, 2; chap. 44, art. 2, sec. 1; .11 Bush, 353; Cogar v. Stewart, MS. Opin., 1879; Gen. Stat., chap. '24, secs. 2-14.) Í2. A return of nulla bona is not necessary. (Haskell v. Wynn,…
1Opinion of the Court
■CHIEF JUSTICE COFER
delivered the opinion of the court.
At the time the deed from Richard Napper to John H. Napper was made the latter was not a creditor of the former, ■and consequently the deed did not operate to prefer him as .a creditor.
The deed was made in compliance with the bond executed ■in 1874, five years before the deed was executed.
At the time of the execution of the bond John was a ■creditor, and his debt was satisfied by crediting it on the .price he agreed to pay for the land. But that transaction is ■not attacked. There is no allegation that Richard Napper made the bond in…
2Cases cited1 opinion
- Moffat v. InghamCourt of Appeals of Kentucky · 1838
3Cited by3 opinions
- Vinson, Goble & Prichard v. McAlpin & Co.Court of Appeals of Kentucky · 1888
- Kyle v. O'NeilCourt of Appeals of Kentucky · 1889
- Vance v. CampbellCourt of Appeals of Kentucky · 1881