Legal Opinion

Short v. Tinsley

Court of Appeals of Kentucky

Decided December 11, 1858PublishedCited by 12 opinions

CASH 7 — PETITION EQUITY APPEAL KOM CALDWELL CIRCUIT COURT. The facts are stated in tbe opinion of the court. 1. As the deed is canceled and held 'for nought, as to the plaintiff, there is no principle of equity or justice which will allow Tinsley, the fraudulent grantee, to have a lien on the property for the payment of any demand he may have against the fraudulent grantor. 2. There is no reasonable ground to doubt that the deed in question is fraudulent in fact and in law.…

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CASH 7 — PETITION EQUITY APPEAL KOM CALDWELL CIRCUIT COURT. The facts are stated in tbe opinion of the court. 1. As the deed is canceled and held 'for nought, as to the plaintiff, there is no principle of equity or justice which will allow Tinsley, the fraudulent grantee, to have a lien on the property for the payment of any demand he may have against the fraudulent grantor. 2. There is no reasonable ground to doubt that the deed in question is fraudulent in fact and in law. 3. Upon the subject of fraudulent conveyances, and fraud generally, see American Leading Gases, vol. 1, commencing at…

1Opinion of the CourtChief Justice Simpson

delivered the otinion of the court:

On the 19th of May, 1852, W. W. Throckmorton, by a deed of that date, sold and conveyed absolutely to William D. Tinsley the tract of land upon which the grantor resided, seven slaves, a considerable quantity of personal property, and his entire *400stock of merchandise. The consideration recited in the deed was nine thousand and seventy-five dollars.

On the same day he executed to Tinsley, as trustee for his creditors, another deed, conveying to him all the residue of his real and personal estate, together with all his choses in action, and all the debts and…

2Cases cited1 opinion

  1. Daniel v. Morrison'sCourt of Appeals of Kentucky · 1838

3Cited by12 opinions

  1. Brimmer v. City of BostonMassachusetts Supreme Judicial Court · 1869
  2. Combs v. RoarkCourt of Appeals of Kentucky · 1924
  3. Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877
  4. Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
  5. Coakley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893

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