Ward v. Thomas
Court of Appeals of Kentucky
Case 70 — EQUITY APPEAL PROM NELSON CIRCUIT COURT. The recording of the voluntary deed of conveyance is notice to the antecedent creditor under the statute, and the statute of limitation begins to run from that time. To hold otherwise would be holding oat a premium to negligence. (Cotton v. Brown, MS. opin., March 25, 1882.) A conveyance can not be attacked until judgment and return of •' no property found.”
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Case 70 — EQUITY APPEAL PROM NELSON CIRCUIT COURT. The recording of the voluntary deed of conveyance is notice to the antecedent creditor under the statute, and the statute of limitation begins to run from that time. To hold otherwise would be holding oat a premium to negligence. (Cotton v. Brown, MS. opin., March 25, 1882.) A conveyance can not be attacked until judgment and return of •' no property found.” (Napper v. Yager, 79 Ky., 241.) 1. A cause of action to set aside a voluntary conveyance can not accrue until a judgment and return of nulla bona. There is no limitation as to the time in…
1Opinion of the Court
•CHIBE JUSTICE HAEGIS
delivered the opinion ot the court.
This was an action in equity, after a return of “no property,” brought by appellee July 13th, 1882, against Michael C. Ward and wife to set aside a voluntary conveyance of two tracts of land which he caused to be made to her on 25th May, 1874. The conveyance was recorded January 7th, 1875.
The debt of appellee was due his assignor before the conveyance was made, and the evidence thereof renewed afterwards.
It appears that the conveyance had no other consideration to support it than that of love and affection.
Seven years, six months and six…
2Cited by10 opinions
- Donaldson v. JacobitzSupreme Court of Kansas · 1903
- Rose v. DunkleeColorado Court of Appeals · 1899
- Elkhorn Coal Corporation v. HiteCourt of Appeals of Kentucky (pre-1976) · 1928
- Bank of Marlinton v. McLaughlinWest Virginia Supreme Court · 1939
- Sewell v. NelsonCourt of Appeals of Kentucky · 1902
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