Oliver & O'Bryan v. Sutton
Court of Appeals of Kentucky
Case 53 — -PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION, 1. A suit under the act of 1856 has a two-fold purpose; first, to adjudge the assignment; second, to settle the estate. Ky. Stats., secs. 1910 to 1917; Civil Code, secs. 426 to 438. 2. The jurisdiction of the court that first appoints a receiver in a preference suit is exclusive and extends to the whole estate of the insolvent, wherever situated.
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Case 53 — -PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION, 1. A suit under the act of 1856 has a two-fold purpose; first, to adjudge the assignment; second, to settle the estate. Ky. Stats., secs. 1910 to 1917; Civil Code, secs. 426 to 438. 2. The jurisdiction of the court that first appoints a receiver in a preference suit is exclusive and extends to the whole estate of the insolvent, wherever situated. McAlister v. Savings Bank, 80 Ky., 694. 3. The joinder of several causes of action under the act of 1856 has the approval of this court. Fuqua v. Ferrill, 80…
1Opinion of the Court
JUDGE DuRELLE
delivebed the opinion of the cotjet.
This suit was originally instituted by the Louisville 'Deposit Bank against A. R. fUrlfon, under (lie act of 1856, al*337¡leging a debt due bj him to the bank, that he was insolvent, and had in contemplation of insolvency preferred certain, of his creditors, against four persons who were alleged to have received preferences, and against three others claiming interests in the property by virtue of a. deed of assignment and two attachments. Complete averments were made, in separate paragraphs, as to each of the four persons who had: been preferred,…
2Cases cited5 opinions
- Fuqua v. FerrellCourt of Appeals of Kentucky · 1882
- Sawyers v. LangfordCourt of Appeals of Kentucky · 1869
- Whitehead v. WoodruffCourt of Appeals of Kentucky · 1874
- Anderson v. AndersonCourt of Appeals of Kentucky · 1883
- Warren v. TiffanyNew York Supreme Court · 1858
3Cited by2 opinions
- Wahl v. Lockwood GasserCourt of Appeals of Kentucky (pre-1976) · 1928
- Northern Bank v. Farmers' Nat. BankCourt of Appeals of Kentucky · 1901