Lyons v. Field
Court of Appeals of Kentucky
Case 11. APPEAL FROM LOUISVILLE CHANCERY COURT. Pet. Eq. Field conveyed'his property in trust for the payment. of specified debts, by deed duly recorded, but continued to hold possession of a slave, under some contraer of hiring — possession never, in fact, having been given.- Lyons attached this skive, insisting' that the sale and assignment above named is fraudulent as to said slave, because of the continued possession of the grantor.
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Case 11. APPEAL FROM LOUISVILLE CHANCERY COURT. Pet. Eq. Field conveyed'his property in trust for the payment. of specified debts, by deed duly recorded, but continued to hold possession of a slave, under some contraer of hiring — possession never, in fact, having been given.- Lyons attached this skive, insisting' that the sale and assignment above named is fraudulent as to said slave, because of the continued possession of the grantor. The chancellor dismissed his petition, so far as it sought to subject the slave, and from this judgment he appeals. An absolute sale of a chattel must be…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court:
A. J. Field conveyed hjs real estate, slaves, and personal property to R. H. Field and Jas. H. Shankiin, in trust, for the payment of specified debts, by deed duly recorded.
Lyons, a creditor of A. J. Field, who was not a beneficiary under the deed, attached one of the slaves therein conveyed, insisting that the sale and conveyance were fraudulent as to said slave, on the sole ground that the possession thereof had not been changed, but still remained with the grantor.
The doctrine is well settled that an absolute sale of slaves and personal…
2Cited by2 opinions
- State Ex Rel. Barham v. GrahamTennessee Supreme Court · 1930
- Farnsworth v. DoomCourt of Appeals of Kentucky · 1901