Citizens' Bank v. Patterson
Court of Appeals of Kentucky
Case 61—EQUITY APPEAL FROM HARRISON CHANCERY COURT. -Appellant, holding a note against both Levi and Noah Patterson, is entitled, as against the estate assigned of' each, as much as any creditor of one of them until the debt is satisfied, if there be enough estate. (22 Am. Rep., 754; 11 Casey, 481; 21 P. F. Smith; I Bland, 484; Logan v. Anderson, 18 B. Mon., 114.) 'The creditors of Noah Patterson should be.made equal.
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Case 61—EQUITY APPEAL FROM HARRISON CHANCERY COURT. -Appellant, holding a note against both Levi and Noah Patterson, is entitled, as against the estate assigned of' each, as much as any creditor of one of them until the debt is satisfied, if there be enough estate. (22 Am. Rep., 754; 11 Casey, 481; 21 P. F. Smith; I Bland, 484; Logan v. Anderson, 18 B. Mon., 114.) 'The creditors of Noah Patterson should be.made equal. His deed of assignment requires equality, and its provisions must be respected. (Miller’s Estate, 82 Penn. St., 113; 10 Harris, 441; Keene’s Appeal, 9 Wright, 151; Logan v.…
1Opinion of the Court
■CHIEF JUSTICE PRYOR
delivered the opinion of the court.
In the month of March, 1878, Levi Patterson executed a •deed of trust conveying all of his estate to James L. Patter•son for the payment of his indebtedness, and on the same •day Noah Patterson conveyed all of his estate to the same ■trustee for a like purpose. The deeds were delivered, and the trust created by each conveyance accepted by the trustee.
The grantors were both insolvent, and it became necessary to make a pro rata distribution of the proceeds of the sale ■of the trust property between the creditors. The grantors were the…
2Cited by19 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Chemical Nat. Bank v. ArmstrongCourt of Appeals for the Sixth Circuit · 1893
- Furness v. Union National BankIllinois Supreme Court · 1893
- Tod v. Kentucky Union Land Co.U.S. Circuit Court for the District of Kentucky · 1893
- Marbury v. Kentucky Union Land Co.Court of Appeals for the Sixth Circuit · 1894
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