Kyle v. O'Neil
Court of Appeals of Kentucky
Case 18 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. No action can be maintained'to set-aside a conveyance for fraud» and to subject the property to a demand purely legal, until there has been judgment and return of “no property.” (Napper v. Yager, 79 Ky., -243; Evans v. Reay, 3, Ky. L. R., 493; Vaneev. Campbell, 3 Ky. L. R., 449; Barton v. Barton, 80 Ky., 212; Martz v. Pfeifer, 80 Ky.,'600:)
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
This action, is brought upon the promissory note of the husband alone. It assails a conveyance made to ■the wife by a third party subsequent to the creation ■of the debt, and seeks to subject the land to its payment. The averments of the petition must be taken as true upon demurrer. The material ones to the question presented are that the husband is insolvent, that he paid the grantors for the land, and had it conveyed to his wife to defraud his creditors.
The demand is purely a legal one; and in such a case the creditor can not invoke the aid of a…
2Cases cited3 opinions
- Barton v. BartonCourt of Appeals of Kentucky · 1882
- Martz v. PfeiferCourt of Appeals of Kentucky · 1883
- Napper v. YagerCourt of Appeals of Kentucky · 1881
3Cited by3 opinions
- Johnson v. ElkinsCourt of Appeals of Kentucky · 1890
- Behan v. WarfieldCourt of Appeals of Kentucky · 1890
- Bank of America, N.A. v. Corporex CompaniesDistrict Court, E.D. Kentucky · 2015