Kendall v. Hughes
Court of Appeals of Kentucky
Appeal from the Hancock Circuit. Detinue. Case 100. Case slated. Ins tractions of flie Circuir, Ot., given at the instance of each party. ^Theknowledge that'Ve'vendor ten^todefrauá *¡IS creditors, of itseit, fraulutenus^to pureha¡er3 • “u 8Prs-fraudulent partiwSiü°author¡ze u\®esTnrepeUed by -other facts ees showing chaser, To instruct tlie jury “that .fraud cannot be presumed, but must be proved like any other fact,” decided to be misleading.--Fraud may be presumed if there…
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Appeal from the Hancock Circuit. Detinue. Case 100. Case slated. Ins tractions of flie Circuir, Ot., given at the instance of each party. ^Theknowledge that'Ve'vendor ten^todefrauá *¡IS creditors, of itseit, fraulutenus^to pureha¡er3 • “u 8Prs-fraudulent partiwSiü°author¡ze u\®esTnrepeUed by -other facts ees showing chaser, To instruct tlie jury “that .fraud cannot be presumed, but must be proved like any other fact,” decided to be misleading.--Fraud may be presumed if there be sufficient evidence of o ther facts wh ich will authorize the inference of fraud. As between vendor and vendee, the…
1Opinion of the Court
This opinion, with the two cases preceding, was delivered et the fall term, 1846, by the present Chief Justice, at the close of the term, and suspended until this term.
This action of detinue was brought by Hughes against Kendall, to recover two slaves, a woman and her infant child, which Kendall had purchased under executions against John L. Prewitt the former owner, the father-in-law of Hughes; and the sole question involved in the trial was, whether the bill of sale under which the plain, tiff claimed these and other slaves, was fraudulent and void against creditors. Seven instructions were…
2Cited by2 opinions
- Knox v. Hunt & LabeaumeSupreme Court of Missouri · 1853
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885