Vinson, Goble & Prichard v. McAlpin & Co.
Court of Appeals of Kentucky
Case 55 — PETITION EQUITY APPEAL FROM BOYD CIRCUIT COURT. 1. Appellants were not creditors of M. H. Johns in the sense in which that term is used in- the statute. (Napper v. Yager, 79 Ky., 243.) 2.The delivery of the timber by Johns in February and March, 1884, was not a sale and delivery of the timber at these dates, but simply a delivery pursuant to and in compliance with a contract long before made, and is not within the operation of the statute.
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Case 55 — PETITION EQUITY APPEAL FROM BOYD CIRCUIT COURT. 1. Appellants were not creditors of M. H. Johns in the sense in which that term is used in- the statute. (Napper v. Yager, 79 Ky., 243.) 2.The delivery of the timber by Johns in February and March, 1884, was not a sale and delivery of the timber at these dates, but simply a delivery pursuant to and in compliance with a contract long before made, and is not within the operation of the statute. (Brooks, Water-field & Co. v. Staton’s Adm’r, 79 Ivy., 175.) 1. The contract of August, 1883, was not enforceable because it applied to no…
1Opinion
To a petition for rehearing,
Judge Pryor
delivered the following response of the court:
When the opinion in this case was delivered the case of Fuqua v. Ferrell, reported in 80 Ky., 69, was not considered, and we now fail to see any analogy between these two cases. There a mortgage was executed to secure the debt by an insolvent debtor, and operating as an assignment, the estate then passed to creditors, and any subsequent transfer by the debtor could not divest the creditors of title unless made to a bona fide purchaser. In Southworth v. Casey, reported in 78 *364Ky., 395, it was so expressly held,…
2Cases cited2 opinions
- Fuqua v. FerrellCourt of Appeals of Kentucky · 1882
- Southworth v. CaseyCourt of Appeals of Kentucky · 1880