Fuller v. Pinson
Court of Appeals of Kentucky
Case 72 — PETITION EQUITY — appeal prom pike circuit court. In the absence of judgment and return of “no property found” or an attachment, the court had no jurisdiction to declare fraudulent the deed from Price to Mrs. Puller. (Vance v. Campbell, 3 Ky. Law Rep., 448; Martz v. Pfeifer, 4 Ky. Law Rep., 592; Kyle v. O’Neil, 10 Ky. Law Rep., 709; Napper v. Yeager, 2 Ky.
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Case 72 — PETITION EQUITY — appeal prom pike circuit court. In the absence of judgment and return of “no property found” or an attachment, the court had no jurisdiction to declare fraudulent the deed from Price to Mrs. Puller. (Vance v. Campbell, 3 Ky. Law Rep., 448; Martz v. Pfeifer, 4 Ky. Law Rep., 592; Kyle v. O’Neil, 10 Ky. Law Rep., 709; Napper v. Yeager, 2 Ky. Law Rep., 260.) 1. The appellee had the right' to treat the conveyance as fraudulent and void, and to have the land levied on and sold under execution as that of the debtor. 2. This court will not disturb the finding of the…
1Opinion of the Court
JUDGE GRACE
delivered the opinion op the court.
The main question presented by this appeal is whether a creditor may lawfully, levy on and sell real estate, as that of his debtor, where the debtor, although he has recently theretofore held the legal title, has, prior to the time of the levy and sale, conveyed the land to another; and dependent on this question, the further one, whether the purchaser under execution sale, having regularly obtained his deed, may file suit in equity against the vendee of the original debtor for , the land, and have the deed by which the debtor conveyed it to his…
2Cases cited1 opinion
- Scotts' Ex'r v. ScottCourt of Appeals of Kentucky · 1887
3Cited by5 opinions
- Hall v. CaseboltCourt of Appeals of Kentucky · 1916
- Dalton v. HowellCourt of Appeals of Kentucky · 1918
- In re BradleyDistrict Court, E.D. Kentucky · 1939
- Runyon v. BevinsCourt of Appeals of Kentucky (pre-1976) · 1927
- Teegarden v. McKenzieCourt of Appeals of Kentucky · 1969