Brown v. Brown
Court of Appeals of Kentucky
* Case 115 — PETITION EQUITY — APPEAL FROM MARION CIRCUIT COURT. 1. As the plaintiff had a remedy at law which is barred by limitation, a suit in equity on the same cause of action is also barred. (Wood on Limitation, 110; 6 B. M.,.480; 17 B. M., 453; 7 Bush, 98; 7 Ky.
Read the full summary
* Case 115 — PETITION EQUITY — APPEAL FROM MARION CIRCUIT COURT. 1. As the plaintiff had a remedy at law which is barred by limitation, a suit in equity on the same cause of action is also barred. (Wood on Limitation, 110; 6 B. M.,.480; 17 B. M., 453; 7 Bush, 98; 7 Ky. Law Rep., 735.) 2. Plaintiff’s debt was not an existing valid debt when the conveyance was made, and, therefore, although the conveyance was voluntary, he can not assail it. 3. The conveyance is valid on its face. (Hilliard on Real Estate, volume 2, page 337.) No brief in record.
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
There has been no brief filed for the appellee.
The appellant, M. F. Brown, on the 9th day of February, 1878, conveyed to his brother, the appellant, W. S. Brown, all his property, consisting of real estate lying in Marion county, Ky. The-conveyance was by deed, which was duly recorded.
In February, 1882, the appellee obtained a judgment in the Marion Circuit Court against the appellant, M. F. Brown, for eleven hundred and five dollars. Said judgment was rendered on a liability that existed at the time, and for a long time before said conveyance…
2Cases cited1 opinion
- Yankey v. SweeneyCourt of Appeals of Kentucky · 1887
3Cited by15 opinions
- Stone v. WinnCourt of Appeals of Kentucky · 1915
- Cox v. SimmermanCourt of Appeals of Kentucky (pre-1976) · 1932
- Forman v. GaultCourt of Appeals of Kentucky (pre-1976) · 1930
- Elkhorn Coal Corporation v. HiteCourt of Appeals of Kentucky (pre-1976) · 1928
- Nave v. PriceCourt of Appeals of Kentucky · 1900
10 more not listed; retrieve them via the Exa API.