Legal Opinion

Dobyns v. Dobyns' assignee

Court of Appeals of Kentucky

Decided November 9, 1880PublishedCited by 3 opinions

Case 19 — ORDINARY APPEAL FROM MONTGOMERY CIRCUIT COURT. The statutory requisition for an affidavit and demand is not necessary. (Gen. Stat., 993; Bullitt’s Code, sec. 438; Fox v. Apperson, 6 Bush, 665.) 1. An affidavit and demand was necessary. (Stanton’s Rev. Stat., 509; lb., 331; Myers’ Code, sec. 521; Civil Code, secs. 471, 472.) 2. The action at law cannot be sustained.

1Opinion of the Court

JUDGE HARGIS

delivered the opinion of the court

Samuel T. Dobyns executed a deed of assignment for the benefit of all his «creditors to the appellee.

Before doing so, he executed a note to the appellant, 'Sarah F. Dobyns, for the sum of one hundred and fifty dollars, upon which she instituted an ordinary action against appellee, after he had accepted the trust created by the deed, without making demand of him for payment of her claim.

She filed with the petition an affidavit of the assignor made in the usual form required in proof of claims against decedents’ estates. ,

The appellee appeared, and…

2Cited by3 opinions

  1. Kentucky National Bank v. Louisville Bagging Co.Court of Appeals of Kentucky · 1895
  2. Longdale Iron Co. v. Swift's Iron & Steel WorksCourt of Appeals of Kentucky · 1891
  3. Goodnight v. AdsitCourt of Appeals of Kentucky · 1881

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