Darnaby v. Darnaby's Assignee
Court of Appeals of Kentucky
Case 10 — PETITION EQUITY APPEAL PROM FAYETTE CIRCUIT COURT. 1. The investment of the wife’s money in the house and lot, in pursuance of the post-nuptial contract, and taking the deed to the husband without her knowledge or consent, constituted the husband her trustee, and in equity the property was exclusively her own, and not subject to his debts.
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Case 10 — PETITION EQUITY APPEAL PROM FAYETTE CIRCUIT COURT. 1. The investment of the wife’s money in the house and lot, in pursuance of the post-nuptial contract, and taking the deed to the husband without her knowledge or consent, constituted the husband her trustee, and in equity the property was exclusively her own, and not subject to his debts. (Hall v. Light, Barrett & Co., 2 Duvall, 61; Hooker, &c. v. Gentry, &c., 3 Met. 474; Latimer v. Glenn, &c., 2 Bush, 539; 5 Mon. 341; 10 B. Mon. 244 ; 2 Duv. 131.) 1. By operation of law, upon the marriage of appellant the money she then had, and…
1Opinion of the Court
JUDGE.ELLIOTT
delivered the opinion op the court. .
On the 30th of March, 1874, the appellee Henry Hardesty brought this action, and alleged that W. G. Darnaby, on the 30th of March previously, had, in writing, transferred and assigned to him all of his estate that was subject to the pay*486ment of his debts, in trust for his creditors. He asked the assistance and direction of the court in the execution of the trust.
He alleges that a part, of the real estate transferred to him by the deed of trust is a house and lot in the city of Lexington, conveyed by F. Montmullen to W. G. Darnaby, and to which…
2Cases cited6 opinions
- Maraman's Administrator v. MaramanCourt of Appeals of Kentucky · 1862
- Latimer v. GlennCourt of Appeals of Kentucky · 1866
- Pryor v. SmithCourt of Appeals of Kentucky · 1868
- Whitesides v. DorrisCourt of Appeals of Kentucky · 1838
- Martin v. TriggCourt of Appeals of Kentucky · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Miller v. McLinCourt of Appeals of Kentucky · 1912
- Thrasher v. CraftCourt of Appeals of Kentucky (pre-1976) · 1932
- Morgan v. LewisCourt of Appeals of Kentucky · 1916
- Meade v. StairsCourt of Appeals of Kentucky · 1888
- Hall v. HallCourt of Appeals of Kentucky · 1890
3 more not listed; retrieve them via the Exa API.