Mannen v. Bradberry
Court of Appeals of Kentucky
Case 26 — EQUITY APPEAL FROM MASON CIRCUIT COURT. 1. The petition fails to aver that appellee had obtained a judgment and execution and return of nulla bona. 2. There is a complete failure to show any fraud whatever. 3. The cases cited by appellees are not in point. 4. The dictum of Judge Williams in Martin v. Martin, 5 Bush, 41, does not support the judgment appealed from. 5. The petition does not show a cause of action. 1. A purchase by a debtor in the name of another is…
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Case 26 — EQUITY APPEAL FROM MASON CIRCUIT COURT. 1. The petition fails to aver that appellee had obtained a judgment and execution and return of nulla bona. 2. There is a complete failure to show any fraud whatever. 3. The cases cited by appellees are not in point. 4. The dictum of Judge Williams in Martin v. Martin, 5 Bush, 41, does not support the judgment appealed from. 5. The petition does not show a cause of action. 1. A purchase by a debtor in the name of another is fraudulent as to the existing liabilities of the debtor. (Secs. 19 and 20, ch. 63, Gen. Stat.; 3 Mon., 157; 1 Dana, 531;…
1Opinion of the CourtChief Justice Tiargis
In 1865 Bradberry bought a tract of land from David Mannen for the price of $8,138.
James E. Pepper was the father-in-law of appellant, David' Mannen, and the father of the appellant, Comfort Ann Mannen.
He purchased a tract of 193 acres of land from Winter on the 1st of March, 1866, for which he paid him $8,701, and put David Mannen and wife in possession of 143 acres,. 2 roods, and 18 poles of it,'agreeing that so long as David Mannen paid the taxes no rent would be charged.
At or about the time of the purchase from Winter, David Mannen was largely indebted to Pepper on account of money paid…
2Cases cited1 opinion
- Martin v. MartinCourt of Appeals of Kentucky · 1868
3Cited by6 opinions
- Boone v. CoeCourt of Appeals of Kentucky · 1913
- Hinton v. Hinton'sCourt of Appeals of Kentucky (pre-1976) · 1931
- Mankin v. JonesWest Virginia Supreme Court · 1910
- Pfaffinger v. KremerCourt of Appeals of Kentucky · 1903
- Hinton v. Hinton'sCourt of Appeals of Kentucky · 1931
1 more not listed; retrieve them via the Exa API.