Tod v. Kentucky Union Land Co.
U.S. Circuit Court for the District of Kentucky
In Equity. Bill by J. Kennedy Tod, Hugh Oliver Horthcot, and William Stewart Tod, tbe Central Trust Company of New York, and tbe Columbia Finance & Trust Company against the Kentucky Union Land Company and others for the appointment of a receiver, declaring an assignment under the law of Kentucky, on account of the debtor having made preferences, and sale of respondents’ property. Decree was rendered for complainants, and a reference ordered.
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In Equity. Bill by J. Kennedy Tod, Hugh Oliver Horthcot, and William Stewart Tod, tbe Central Trust Company of New York, and tbe Columbia Finance & Trust Company against the Kentucky Union Land Company and others for the appointment of a receiver, declaring an assignment under the law of Kentucky, on account of the debtor having made preferences, and sale of respondents’ property. Decree was rendered for complainants, and a reference ordered. The commissioner now submits to the court questions as to the validity and priority of certain claims.
1Opinion of the Court
LURTON, Circuit Judge.
The Kentucky Union Land Company made a conveyance operating as a preference to certain of its creditors. This conveyance was assailed as a fraudulent preference in contemplation of insolvency, and prohibited by article 2, c. 44, of the General Statutes of Kentucky.
Under the proceedings instituted in this court a decree was entered December 1, 1891, adjudging the said conveyance to be a preference, within the meaning of the said act, and that the same operated as an assignment, as of the 6th of February, 1891, of all of the property and effects of the Kentucky Union Land…
2Cases cited39 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
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3Cited by23 opinions
- Kelly v. Chicago & A. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1903
- Doe v. Northwestern Coal & Transportation Co.U.S. Circuit Court for the District of Oregon · 1896
- Johnson v. Johnson Bros.Supreme Judicial Court of Maine · 1911
- Scherer v. EverestCourt of Appeals for the Eighth Circuit · 1909
- Folts v. Globe Life InsuranceNebraska Supreme Court · 1929
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