Brown's Adm'r v. Mattingly
Court of Appeals of Kentucky
Case 51 — PETITION EQUITY- APPEAL PROM MARION CIRCUIT COURT. Brief not in record. This court has already decided that the estate descended to the nephew free from any lien for the debts due to the uncle, and the appellees having levied their attachments, will hold them against any other creditor where no lion exists. The statute gives no lion, and the most vigilant in acquiring a lien by operation of law will be entitled as against those who fail to coerce payment.
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Case 51 — PETITION EQUITY- APPEAL PROM MARION CIRCUIT COURT. Brief not in record. This court has already decided that the estate descended to the nephew free from any lien for the debts due to the uncle, and the appellees having levied their attachments, will hold them against any other creditor where no lion exists. The statute gives no lion, and the most vigilant in acquiring a lien by operation of law will be entitled as against those who fail to coerce payment. (Scobee, &c., v. Bridges & Co., &c., 87 Ky., 430.)
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
The appellees by their separate actions, which, however, were tried together, attached the interest oí J. A. Brown that he owned, as one oi the heirs, in the personal and real estate of W. S. Brown, the appellant’s intestate, to satisfy their claims against J. A. Browh. J. A. Brown’s co-heirs were not made parties to said action. The appellant, as W. S. Brown’s .administrator, and J. A. Brown, by warning order, are the only defendants to said actions.
The appellant resists the right of the appellees to subject said interest upon the ground that…
2Cited by15 opinions
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Woods v. KnottsSupreme Court of Iowa · 1923
- Lester v. TooleCourt of Appeals of Georgia · 1917
- Senneff v. BrackeySupreme Court of Iowa · 1914
- Missouri Service Co. v. City of StanberrySupreme Court of Missouri · 1937
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