Savings Bank v. McAllister's Adm'r
Court of Appeals of Kentucky
Case 22 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Under the “Act of 1856” there can be no action unless the debtor and the transferee are made defendants; and although the transferee has made an assignment for the benefit of creditors he is still the owner of the property, and must be made a party within, the six months.
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Case 22 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Under the “Act of 1856” there can be no action unless the debtor and the transferee are made defendants; and although the transferee has made an assignment for the benefit of creditors he is still the owner of the property, and must be made a party within, the six months. (General Statutes, chapter 44, article 2, section 3; Lyons v. Pields, 17 B. M., 549.) !2. Until summons was issued against the bank, the transferee in this case, there was no action against it. (Cecil v. Sowards, 10 Bush, 98; Ware v. Coleman, 6 J. J. M.,…
1Opinion of the Court
•JUDGE HOLT
delivered the opinion oe the court.
Jonas EL Rhorer conveyed his property, on January 16, 1880, to the appellant, the Savings Bank of Louisville, and it subsequently conveyed its property, including that derived from Rhorer, to Stephen E. Jones in trust, for the payment of its debts. The appellee, being a judgment creditor of Rhorer, brought this action on July 10, 1880, under article '2, chapter 44,' of the General Statutes, or what is •commonly known as the Act of 1856, for the purpose of having the deed from Rhorer to the bank •declared to operate as a general- assignment for the…
2Cases cited2 opinions
- McCallister's adm'r v. Savings BankCourt of Appeals of Kentucky · 1883
- Cecil v. SowardsCourt of Appeals of Kentucky · 1873
3Cited by5 opinions
- Grand Lodge of Kentucky v. 1st Nat. Bk. of Ky.Court of Appeals of Kentucky (pre-1976) · 1933
- Granberry v. PierceCourt of Appeals of Kentucky · 1913
- Montgomery v. AllenCourt of Appeals of Kentucky · 1899
- Turner v. Farmers Bank of Wickliffe's AssigneeCourt of Appeals of Kentucky · 1912
- Deposit Bank of Owensboro v. SmithCourt of Appeals of Kentucky · 1900