Copenheaver v. Huffaker
Court of Appeals of Kentucky
Appeal from the Wayne Circuit. Chancery. Case 6. The case stated. A pendente lite purchase from one holding a fraudulent conveyance, passes no title against the suit. A bona fide creditor of one who has fraudulently conveyed his property, may, if he have no connection with the fraud, take a mortgage from the fraudulent grantee to secure his own just demand against the fraudulent grantor, which will be valid.
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Appeal from the Wayne Circuit. Chancery. Case 6. The case stated. A pendente lite purchase from one holding a fraudulent conveyance, passes no title against the suit. A bona fide creditor of one who has fraudulently conveyed his property, may, if he have no connection with the fraud, take a mortgage from the fraudulent grantee to secure his own just demand against the fraudulent grantor, which will be valid. A brother-in-law cr. living in. the same neighborhood with his debtor, took a mortgage from a fraudulent grantee of his creditor, his brother-in-law, and after suit brought by another to…
1Opinion of the Court
Jddue Marshall
delivered the opinion of the Court.
The decree brought up by this appeal, declares void a mortgage and deed made by Judy T. Whitworth to Copenheaver, conveying 100 racres of land, which Thomas Whitworth, brother' of the grantor, had fraudulently con. veyed to her, with intent to hinder and delay his credit*19ors, and subjects the land thus conveyed, to the satisfaction of two judgments obtained by Huffaker and McBeath, against Whitworth, upon which executions had been returned “no property found.”
A pendente lite purchase from one holding a fraudulent conveyance, passes no title…
2Cited by3 opinions
- Roberts v. CardwellCourt of Appeals of Kentucky · 1913
- Rilling v. SchultzeTexas Supreme Court · 1902
- Bruff v. ThompsonWest Virginia Supreme Court · 1888