Legal Opinion

Schmidt v. Carter's Adm'r

Court of Appeals of Kentucky

Decided October 5, 1893PublishedCited by 2 opinions

Case 1 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The facts stated in the petition show a resulting trust independent of contract and not affected by the statute of frauds. (Trimble v. Puckett, 14 Kv. Law Rep., 209; s.e., 93 IIy.,218; Letcherv.

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Case 1 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The facts stated in the petition show a resulting trust independent of contract and not affected by the statute of frauds. (Trimble v. Puckett, 14 Kv. Law Rep., 209; s.e., 93 IIy.,218; Letcherv. Letcher,4J.J.M., 590; Bailey v. Welch, 4 B. M., 244; Paris v. Dunn, 7 Bush, 278; Montague v. Garnett, 3 Bush, 298; Pisclili v. Dumaresly, 3 Mar., 23; Pugh v. Boll, 1 J. J. M., 403; Brothers v. Porter, 6 B. M., 106.) 2.'A resulting trust is not affected by Gen. Stats., chap. 63, art. 1, see. 19, unless it appears that the party…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion of the court.

The executor of James Gr. Carter, bolding a claim against one Charles E. Landrum, originating from a partnership between Landrum and this testator, had an attachment issued and levied upon a lot of ground in Louisville that Landrum had conveyed to his wife. The conveyance was held to he fraudulent, and the lot ordered to be sold to satisfy the judgment for seven thousand dollars. After the attachment had' been sustained and the sale ordered, *3the appellant, Adelia Schmidt, claiming an equitable lien on the lot, instituted this action, alleging that…

2Cases cited1 opinion

  1. Trimble v. PuckettCourt of Appeals of Kentucky · 1892

3Cited by2 opinions

  1. Wicks Bros. v. McConnellCourt of Appeals of Kentucky · 1897
  2. City Nat'l Bank of Paducah v. Ex. Bank MayfieldCourt of Appeals of Kentucky (pre-1976) · 1934

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