Scotts' Ex'r v. Scott
Court of Appeals of Kentucky
Case 52 — PETITION EQUITY APPEAL PROM JESSAMINE CIRCUIT COURT. 1. As the fact of possession in the appellee was expressly denied and not proved, lie was not entitled to a judgment quieting his title. 2. As the title to the land in controversy was in another than the execution defendant when levied on under the execution under which appellee claims, appellee must aver and prove that the conveyance under which the title was held was executed by the execution defendant in fraud…
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Case 52 — PETITION EQUITY APPEAL PROM JESSAMINE CIRCUIT COURT. 1. As the fact of possession in the appellee was expressly denied and not proved, lie was not entitled to a judgment quieting his title. 2. As the title to the land in controversy was in another than the execution defendant when levied on under the execution under which appellee claims, appellee must aver and prove that the conveyance under which the title was held was executed by the execution defendant in fraud of his rights as a pre-existing creditor. And he cannot establish the fact that the conveyance was fraudulent by the…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
John I). Scott was the owner of an undivided one-third of three separate tracts of land. He conveyed his interest in two of them to one Rogers, on March 17, 1878; and his interest in the remaining one having been sold under two executions, one in favor of one Campbell, and the other in the name of Robert J. Scott, and purchased by the latter at the amount of the two debts, the sheriff on March 14, 1878, conveyed it to him.. On June 18, 1878, an execution in favor of R. A. Buckner and against John D. Scott issued upon a judgment rendered upon a debt…
2Cited by10 opinions
- Rutherford v. CarrTexas Supreme Court · 1905
- Fuller v. PinsonCourt of Appeals of Kentucky · 1895
- Hall v. CaseboltCourt of Appeals of Kentucky · 1916
- Ward v. SturdivantSupreme Court of Arkansas · 1906
- In Re John Galt Energy, Inc.United States Bankruptcy Court, E.D. New York · 1987
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