Legal Opinion

Dorsey v. Phillips

Court of Appeals of Kentucky

Decided November 9, 1886PublishedCited by 12 opinions

Case 58 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. When a debtor has.made a voluntary or fraudulent conveyance of his lands, and his creditor obtains a judgment and has his execution issued, the creditor may proceed, by an action in equity, to subject the property, having first obtained a return of “no property,” or he may levy his execution upon the land as being still the propertjr of his debtor, and sell it for his debt; and the fact that one of these…

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Case 58 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. When a debtor has.made a voluntary or fraudulent conveyance of his lands, and his creditor obtains a judgment and has his execution issued, the creditor may proceed, by an action in equity, to subject the property, having first obtained a return of “no property,” or he may levy his execution upon the land as being still the propertjr of his debtor, and sell it for his debt; and the fact that one of these remedies may be inapplicable does not prevent the creditor from using the other. (Civil Code, sec. 439; Gen. Stats., p.…

1Opinion of the Court

JUDGE BENNETT

delivered the opinion of the court.

The appellants, in 1857, brought suit against Thomas L. Phillips, as administrator of Samuel Phillips, and *423his sureties, Murray Phillips being one of the sureties, to recover judgment for a large sum of money, which they alleged was due them by Thomas L. Phillips, as administrator of Samuel Phillips. The alleged claim was contested by the administrator and his sureties until the 18th of November, 1876, when judgment was rendered in favor of the appellants for sums aggregating over ten thousand dollars. On the 12th of December, 1878, execution…

2Cases cited2 opinions

  1. Phillips v. ShippCourt of Appeals of Kentucky · 1883
  2. Stanley v. EarlCourt of Appeals of Kentucky · 1824

3Cited by12 opinions

  1. Barr v. PetzholdArizona Supreme Court · 1954
  2. Cox v. SimmermanCourt of Appeals of Kentucky (pre-1976) · 1932
  3. Forman v. GaultCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Nave v. PriceCourt of Appeals of Kentucky · 1900
  5. Henderson v. FielderCourt of Appeals of Kentucky · 1919

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