Forepaugh v. Appold & Sons
Court of Appeals of Kentucky
Case 21. APPEAL FROM FAYETTE CIRCUIT. Pet. Eq. Appold & Sons, residing-in Baltimore, brought suit by ordinary petition, and sued out an attachment from the Fayette circuit court, in March, 1853, against William F. Forepaugh, a citizen of Philadelphia, and summoned Purnell Bishop, of Lexington, Kentucky, as garnishee, attaching in the hands of Bishop a debt due to Forepaugh on an open account.
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Case 21. APPEAL FROM FAYETTE CIRCUIT. Pet. Eq. Appold & Sons, residing-in Baltimore, brought suit by ordinary petition, and sued out an attachment from the Fayette circuit court, in March, 1853, against William F. Forepaugh, a citizen of Philadelphia, and summoned Purnell Bishop, of Lexington, Kentucky, as garnishee, attaching in the hands of Bishop a debt due to Forepaugh on an open account. A judgment was rendered against Forepaugh for about $380, interest and costs, which Bishop was compelled to pay. The bond required by law was executed to Forepaugh on suing out the attachment, with the…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court:
The assignment made by Forepaugh to his creditors, transfers, in express terms, ‘‘all his estate of whatever kind or nature soever,” to the trustee. If his *630dioses in action constituted a part of his estate, they were embraced by the deed. The word estate was not used in this instrument, in its technical sense, to denote the quantity of interest which the grantor had in the property conveyed, but it was used according to its popular signification, to describe the property and things which were intended to be transferred by the deed. All the…
2Cited by2 opinions
- United Collieries, Inc. v. MartinCourt of Appeals of Kentucky (pre-1976) · 1933
- Johnson v. Ruby Lumber Co.Court of Appeals of Kentucky · 1954