Legal Opinion

Barton v. Barton

Court of Appeals of Kentucky

Decided April 4, 1882PublishedCited by 9 opinions

Case 40 — EQUITY APPEAL FROM GRAVES CIRCUIT COURT. 1. The conveyance from Wade Barton to his daughter is founded upon a valuable consideration. It was executed in good faith, without any element of fraud whatever.

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Case 40 — EQUITY APPEAL FROM GRAVES CIRCUIT COURT. 1. The conveyance from Wade Barton to his daughter is founded upon a valuable consideration. It was executed in good faith, without any element of fraud whatever. (17 B. Mon., 42; Whitehead v. Woodruff, 11 Bush, 213; Wintersmith v. Pointer, 2 Met., 460; 18 B. Mon., 201; 3 Met., 539; 2 Duv., 278; lb., 371; 8 Dana, 15; Woolfolk v. Overton, 3 Litt., 21; 8 B. Mon., 566; 5 Litt., 12; Payne v. Powell, 5 Bush, 248; Perry on'Trusts, 1 vol., 86; lb., 97.) 2. Appellees had never obtained a judgment and return of “no property found.” ’The conveyance was…

1Opinion of the Court

JUDGE HINES

delivered the opinion op the court.

There having been no judgment at law, and no return ■of “no property,” and ho attachment under any of the ■grounds authorized by the Code, appellees had no right to •go into equity to set aside an alleged fraudulent conveyance in order to subject the property to their demand, if ■purely legal, as decided in Vance v. Campbell, MS. Op., 1882; but appellant having made an issue upon the charge of fraudulent transfer, and tried out the cause without objection by demurrer or otherwise to the exercise of jurisdiction by 'the 'court, it is now too late…

2Cited by9 opinions

  1. Williamson v. YagerCourt of Appeals of Kentucky · 1891
  2. Shadoin v. SellarsCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Deleuil's Executors v. DeleuilCourt of Appeals of Kentucky (pre-1976) · 1934
  4. Sweeny v. Jefferson County Bank's Reorganization CommitteeCourt of Appeals of Kentucky (pre-1976) · 1933
  5. Commonwealth v. AdkinsCourt of Appeals of Kentucky · 1916

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