Couchman's adm'r v. Maupin
Court of Appeals of Kentucky
Case 7—MOTION APPEAL FROM MONTGOMERY CIRCUIT COURT. I. The creditors of a firm have no substantial independent lien on the partnership property. (Story on Partnership, sec. 97 ; Ibid, sec. 360; Ibid, 358, 361 ; 1 Lindley on Part., 213, 214, 674; Jones v. Lusk, 2. Met., 361; Wilson v. Soper, 13 B. Mon., 414; 21 Conn., 130.) 2. The right of a creditor of all the individual members of the firm to sell the partnership property is indisputable, (i Penn., 198; 5 Johns.
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Case 7—MOTION APPEAL FROM MONTGOMERY CIRCUIT COURT. I. The creditors of a firm have no substantial independent lien on the partnership property. (Story on Partnership, sec. 97 ; Ibid, sec. 360; Ibid, 358, 361 ; 1 Lindley on Part., 213, 214, 674; Jones v. Lusk, 2. Met., 361; Wilson v. Soper, 13 B. Mon., 414; 21 Conn., 130.) 2. The right of a creditor of all the individual members of the firm to sell the partnership property is indisputable, (i Penn., 198; 5 Johns. Ch’y, 320; 4 Harris, 62; 3 Wright, 402; 9 Harris, 82; 5 Casey, 14; Watson on Part., 72.) 3. The Court erred in permitting…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellant having recovered a judgment against John Maupin and J. A. Orear, in a suit against them on a supersedeas bond, on which they were the joint sureties of James Turley, caused an execution issued thereon to be placed in the hands of the sheriff of Montgomery county on the 9th of July, 1877.
Maupin and Orear were partners, under the firm name of Maupin & Orear, and, as such, owned a stock of merchandise then in store in Montgomery county. July 18, they made a deed of trust, by which they conveyed the stock of goods and other firm effects…
2Cases cited5 opinions
- Pearson & Anderson v. KeedyCourt of Appeals of Kentucky · 1845
- Jones v. LuskCourt of Appeals of Kentucky · 1859
- Howell, Gano & Co. v. Commercial BankCourt of Appeals of Kentucky · 1868
- Bank of Kentucky v. HerndonCourt of Appeals of Kentucky · 1866
- O'Bannon v. Miller & HopkinsCourt of Appeals of Kentucky · 1868
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