Legal Opinion

Ebersole v. Adams

Court of Appeals of Kentucky

Decided January 26, 1873PublishedCited by 3 opinions

Case 18 — PETITION EQUITY APPEAL EROME FLEMING CIRCUIT COURT. CITED 4 Peters, 203. 3 B. Mon. 403. CITED Bankruptcy Act of Congress of 1867. Act of March 10, 1856. Story’s Abr. Com. on Con., secs. 537, 538, 544. 2 Kent’s Commentaries, p. 390. 4 Wheat. 122, Sturges v. Crowninshield. 6 Wheat. 448, Gibbons v. Ogden. 5 Wheat. 34, 54, Houston v. Moore. 3 Story’s C. C. 453, Everett v. Stone. 2 Iredell, 463. 3 B. Mon. '401. 9 Met. (Mass.) 16, Griswold v, Pratt.

1Opinion of the Court

JJIDGE LINDSAY

delivered the opinion op the court.

The petition in this action was framed under the provisions of the act approved March 10, 1856, entitled “An act to prevent fraudulent assignments in trust for creditors and other fraudulent conveyances.” It is alleged that the conveyance-from Adams and wife to Kirk was made and executed in contemplation of insolvency, and with the design to prefer one or more creditors to the exclusion in whole or in..part of others ; and under the general prayer for relief the court is authorized 'to declare that said conveyance operated as an assignment and…

2Cases cited2 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Boyle v. ZacharieSupreme Court of the United States · 1832

3Cited by3 opinions

  1. Linthicum v. FenleyCourt of Appeals of Kentucky · 1874
  2. Downer v. PorterCourt of Appeals of Kentucky · 1903
  3. Louisville Dry Goods Co. v. LanmanCourt of Appeals of Kentucky · 1909

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