Stone & Warren v. Connelly
Court of Appeals of Kentucky
CASE 60 — PETITION EQUITY APPEAL FKOII SHELBY CIIICBIT COÜKT. The facts appear in the opinion of the court. A Us pendens was created by the filing of the original petition and service of process thereon; and, as the object of the action, from its commencement until its conclusion, was to subject to sale the property in the pleadings mentioned for the payment of the debt due to the plaintiffs, the alienation of the property during the pendency of the action was unauthorized,…
Read the full summary
CASE 60 — PETITION EQUITY APPEAL FKOII SHELBY CIIICBIT COÜKT. The facts appear in the opinion of the court. A Us pendens was created by the filing of the original petition and service of process thereon; and, as the object of the action, from its commencement until its conclusion, was to subject to sale the property in the pleadings mentioned for the payment of the debt due to the plaintiffs, the alienation of the property during the pendency of the action was unauthorized, and the purchaser is affected in the same manner as if he had actual notice of the proceeding, and in every respect…
1Opinion of the CourtChief Justice Simpson
delivered the opinicot op the court:
The appellants filed a petition in equity, in which they alleged that the defendant, A. G. Connelly, was indebted to them by note in the sum of one hundred and seventeen dollars; that she had an interest in a house and lot in the town of Shelbyville, and that she intended and was about to sell or dispose of that interest, for the purpose of defrauding her creditors. They therefore prayed for an injunction and attachment, and that the property might be subjected to the payment of their debt.
An injunction and attachment were obtained according to the prayer…
2Cases cited3 opinions
- Dudley v. Price's AdministratorCourt of Appeals of Kentucky · 1849
- Cromwell v. ClayCourt of Appeals of Kentucky · 1833
- Kennaird v. AdamsCourt of Appeals of Kentucky · 1850
3Cited by4 opinions
- Bridger v. Exchange BankSupreme Court of Georgia · 1906
- Hawes v. OrrCourt of Appeals of Kentucky · 1874
- Golden v. Riverside Coal & Timber Co.Court of Appeals of Kentucky · 1919
- Hatcher v. WagnerCourt of Appeals of Kentucky · 1905