Schnabel v. Waggener
Court of Appeals of Kentucky
Case 44 — Proceedings by Frank Schnabel and others against R. C. Waggener by Rule to Repay Money Improperly Withdrawn by Him. APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY BRANCH, SECOND division — STERLING B. TONEY, judge. Judgment for Defendant Waggener, and others Appeal.
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Case 44 — Proceedings by Frank Schnabel and others against R. C. Waggener by Rule to Repay Money Improperly Withdrawn by Him. APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY BRANCH, SECOND division — STERLING B. TONEY, judge. Judgment for Defendant Waggener, and others Appeal. SYNOPSIS. 1. Where a homestead is erroneously sold under judgment and the judgment disallowing homestead is reversed, each creditor receiving any of the proceeds of the sale is liable to refund what he received; he can not throw on the infants the risk of the insolvency of other creditors. 2. The appellee in this case was…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE BURNAM
Affirming.
This is an appeal from a judgment discharging a rule ■which sought restitution of money received under a judgment of the Jefferson Circuit Court which was subsequently reversed by this court. The facts of the case are fully recited in the opinion of the court upon the former appeal by Judge DuRelle, and in the separate opinion of Judge Guffy, reported in 56 S. W., 983, 22 Ky. Law Rep., 284. Upon the return •of the case to the lower court, it was decided that the infant defendants were entitled to $534, with interest from the 9th of July,…
2Cases cited5 opinions
- Ball v. LivelyCourt of Appeals of Kentucky · 1836
- Schnabel v. Schnabel's Ex'rxCourt of Appeals of Kentucky · 1900
- Morgan v. HartCourt of Appeals of Kentucky · 1848
- Gregory v. LitseyCourt of Appeals of Kentucky · 1848
- Outten v. PalmateerCourt of Appeals of Kentucky · 1832
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- Hess v. DeppenCourt of Appeals of Kentucky · 1907
- City of Oakland v. ButeauCalifornia Supreme Court · 1934
- Massie v. PaulCourt of Appeals of Kentucky (pre-1976) · 1936
- Holliday v. SpharCourt of Appeals of Kentucky (pre-1976) · 1938
- State Nat. Bank v. LaddSupreme Court of Oklahoma · 1916