Francis v. Grant
Court of Appeals of Kentucky
Case 38 — ORDINARY APPEAR FROM TRIGG CIRCUIT COURT. The allegation of insolvency in the petition, not coupled with any other averments, amounts to nothing. Appellees should have averred that they instituted suit at the first term of court after the notes matured; that judgment had been obtained, execution was issued, and a return of nulla bona was had thereon.
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Case 38 — ORDINARY APPEAR FROM TRIGG CIRCUIT COURT. The allegation of insolvency in the petition, not coupled with any other averments, amounts to nothing. Appellees should have averred that they instituted suit at the first term of court after the notes matured; that judgment had been obtained, execution was issued, and a return of nulla bona was had thereon. (Chambers v. Keene, 1 Met., 293; Bard v. McElroy, 0 B. Mon., 419; Marr v. Smith, 7 lb., 192; Marldey v. Withers, 4 Mon., 15; Thomas v. Taylor, 2 J. J. Mar., 223; Hume v. Brown, 3 Dana, 450; Perrin v. Broadwell, 3 Dana, 597; 9 Dana, 46;…
1Opinion of the Court
•JUDGE PRYOR
delivered tiie opinion of the court.
The appellee, J. W. Bruffj sold to the appellant, J. H. Francis, a grist-mill engine and boiler, and accepted as payment from the latter two notes on David A. Dunn for one ^hundred dollars each, indorsed or assigned by the appellant for value received.
These notes were a lien on a small tract of land sold Dunn’s wife, and this land was subjected to the payment •of the debts by a judgment in equity, but failed to satisfy the full amount of the two notes and interest. The balance *192left unpaid, amounting to nearly as much as the principal of the…
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