Legal Opinion

McBrayer v. Dean

Court of Appeals of Kentucky

Decided January 13, 1897PublishedCited by 2 opinions

Case 60 — PETITION EQUITY APPEAL PROM ANDERSON CIRCUIT COURT; 1. It is immaterial for what purpose appellant acquired the Murphy-judgment, or how it was assigned to him. In any event he had a prior and superior equity to that of Cohen and Dean, whether he paid any consideration for the assignment or not. (Graham v. Tilford, 1 Met., 112; Dorsey v. Reese, 14 B. M., 157; Otwell v. Cook, 9 B. M„ 357.) (No brief in the record.)

1Opinion of the Court

CHIEF-JUSTICE LEWIS

delivered the opinion oe the court:

In Jnne, 1890, Joe E. Cohen recovered judgment for $938.52 against John II. McBrayer, and in March, 1892, the latter brought this action to have various demands he then held set off against that judgment upon the ground of insolvency of the former who, with others, his creditors, were made defendants.

By the judgment in this action the one of 1890 was by credits allowed on account of payments made thereon and debts against Cohen subsequently acquired by McBrayer reduced to the sum of $711.12, which was applied according to priority first to…

2Cases cited1 opinion

  1. Graham v. Tilford & BarkleyCourt of Appeals of Kentucky · 1858

3Cited by2 opinions

  1. Brackett's Admr. v. Boreing's Admr.Court of Appeals of Kentucky · 1908
  2. Becker v. Crabb's Trustee in BankruptcyCourt of Appeals of Kentucky (pre-1976) · 1929

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