Downer v. Porter
Court of Appeals of Kentucky
Case 39 — Action by L. R. Porter’s Assignee against Delia Downer; and Others to Subject Certain Real Estate to the Payment of Creditors. APPEAL FROM WARREN CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. POINTS AND CITATIONS. 1. Appellfee took no title to. the property in controversy by the deed of assignment from D. R. Porter, because: (a) The Kentucky assignment act is superseded and- suspended by the bankrupt act of 1898, Sec. 75, Ky.
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Case 39 — Action by L. R. Porter’s Assignee against Delia Downer; and Others to Subject Certain Real Estate to the Payment of Creditors. APPEAL FROM WARREN CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. POINTS AND CITATIONS. 1. Appellfee took no title to. the property in controversy by the deed of assignment from D. R. Porter, because: (a) The Kentucky assignment act is superseded and- suspended by the bankrupt act of 1898, Sec. 75, Ky. Stats.; Bankrupt Act, sec. 3, subsecs. 4 and 1; Parmenter Mfg. Co. v. Hamilton, 172 Mass., 178; Harbaugh v. Costello, 56 N. K, 363,'111.;…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Affirming.
L. R. Porter, who was at the time insolvent, conveyed on February 10, 1901, to appellant Downer, a house and lot in consideration of a pre-existing debt. On March 4, 1901, Porter assigned to appellee for the benefit of his creditors, and he subsequently brought this suit on October 22, 1901, to have the property brought into the trust fund for the equal payment of all the creditors of Porter under section S4, Kentucky Statutes, 1S99: “If the assignor before making the deed shall have made a preferential or fraudulent transfer, conveyance or gift of…
2Cases cited12 opinions
- Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
- Mayer v. HellmanSupreme Court of the United States · 1876
- Boese v. KingSupreme Court of the United States · 1883
- Derby v. Worcester CountyCourt of Appeals for the First Circuit · 1900
- Simonson v. SinsheimerCourt of Appeals for the Sixth Circuit · 1899
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3Cited by4 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- Farnsworth v. HazelettSupreme Court of Iowa · 1924
- In re FarrellCourt of Appeals for the Sixth Circuit · 1910
- Louisville Dry Goods Co. v. LanmanCourt of Appeals of Kentucky · 1909