Collett v. Jones
Court of Appeals of Kentucky
Error to the Wayne Circuit. Chancery. Case 143. A creditor of an insolvent debtor in violation of the statute, sold bis only work beast, the debt- or sued and recovered a verdict for the vaiule of the work beast in damages. The creditor filed his bill to injoin the damages recovered lor the trespass and illegal sale of the horse. Held that it could not be done.
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Error to the Wayne Circuit. Chancery. Case 143. A creditor of an insolvent debtor in violation of the statute, sold bis only work beast, the debt- or sued and recovered a verdict for the vaiule of the work beast in damages. The creditor filed his bill to injoin the damages recovered lor the trespass and illegal sale of the horse. Held that it could not be done. A Court of equity will not protect a party in the enjoyment of that which he has obtained by a violation of law, and thereby enable him to benefit by his own wrong. Can a judgment creditor attach in equity a judgment in favor of his…
1Opinion of the CourtChief Justice Marshall
Jones having recovered a judgment against Collett for $75, with interest and costs, caused his execution to be levied on a horse, the only work beast of the debtor, who was a house keeper with a family, and the horse having been sold whereby the execution was satisfied' and so returned, Collett brought an action of trespass against Jones and Hall, who as Sheriff, had made the levy and sale. In that action a verdict was rendered for the plaintiff for $80 in damages, and this bill filed’by Jones and Hall, (to the latter of whom Jones had executed a bond of indemnity, and had also assigned one…
2Cited by7 opinions
- Herman v. MillerSupreme Court of Kansas · 1876
- Winstead v. HicksCourt of Appeals of Kentucky · 1909
- Atkinson & Co. v. PittmanSupreme Court of Arkansas · 1886
- Mulliken v. WinterCourt of Appeals of Kentucky · 1865
- Conway v. WilsonNew Jersey Court of Chancery · 1888
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