Simrall v. Grant
Court of Appeals of Kentucky
Case 88 — EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. The remedy of appellee was not an injunction, but replevin. (Nesmith v. Bowler, 3 Bibb; 4 lb., 236; 5 Litt., 136; Watkins v. Logan, 3 Mon., 20; Bouldon v. Alexander, 7 lb., 423.) :2. Section 291, Civil Code, distinctly provides, that upon motions to dissolve an injunction upon notice, the court shall not be bounddo take the answer as true. 3. The court erred in overruling appellants’ demurrer to the petition.
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Case 88 — EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. The remedy of appellee was not an injunction, but replevin. (Nesmith v. Bowler, 3 Bibb; 4 lb., 236; 5 Litt., 136; Watkins v. Logan, 3 Mon., 20; Bouldon v. Alexander, 7 lb., 423.) :2. Section 291, Civil Code, distinctly provides, that upon motions to dissolve an injunction upon notice, the court shall not be bounddo take the answer as true. 3. The court erred in overruling appellants’ demurrer to the petition. (Civil Code, sec. 18.) 1. No bill of exceptions was filed showing upon what evidence the court refused appellants’ motion. The…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
An action in equity by the wife, Julia Grant, obtaining an injunction to prevent the sale of her trust property under an execution against her husband. This action in equity is. really between the trustee and the cestui que trust, the creditor of the trustee insisting that it is the individual property of the trustee, and subject to the payment of his debts; and not only so, has levied his execution on the trust property, and is about to dispose of it. There must be some impediment to the remedy at law before the jurisdiction of the chancellor can…
2Cited by2 opinions
- May v. WilliamsCourt of Appeals of Kentucky · 1901
- Kavunedus v. CommonwealthCourt of Appeals of Kentucky · 1950