McKee v. Scobee
Court of Appeals of Kentucky
Case 23 — EQUITY— APPEAL FROM SHELBY CIRCUIT COURT. 1. The circuit court should have dismissed the petition. 2. Appellee Scobee was only surety for appellant McKee. He had neither paid the debt upon which he was surety nor any part of it. 3. Appellee Whitesides, the assignee of McKee, has no right of action. (Bank of America v. Second Nat.
Read the full summary
Case 23 — EQUITY— APPEAL FROM SHELBY CIRCUIT COURT. 1. The circuit court should have dismissed the petition. 2. Appellee Scobee was only surety for appellant McKee. He had neither paid the debt upon which he was surety nor any part of it. 3. Appellee Whitesides, the assignee of McKee, has no right of action. (Bank of America v. Second Nat. Bank of Louisville, MS. Opin., 1876 or 1877; Adams v. Buckner, MS. Opin., Feb., 1880.) ■4. The result of the judgment is actually to produce inequality between appellants’ creditors. 1. Any person interested may maintain his action against a debtor seeking…
1Opinion of the Court
•CHIEF JUSTICE LEWIS
delivered the opinion of the court.
On the 29th of January, 1879, Levi McKee sold and conveyed to his brother, Joshua McKee, 25 acres of land for the consideration of $1,500, in payment of a preexisting debt for that amount.
On the 28th of February, 1879, he made an assignment ■for the benefit of his creditors, conveying all his property mot exempt from execution to Virgil Lewis, his assignee. *125At the same time Joshua McKee re-conveyed the 25 acres to the assignee for the payment of the creditors generally of Levi, -he consenting thereto.
It appears that in 1872 Levi McKee…
2Cases cited1 opinion
- Applegate & Co. v. MurrillCourt of Appeals of Kentucky · 1862
3Cited by3 opinions
- Bomanzi of Lexington, Inc. v. TafelCourt of Appeals of Kentucky (pre-1976) · 1967
- Union Trust & Savings Co. v. TaylorCourt of Appeals of Kentucky · 1911
- Greathouse v. MillardCourt of Appeals of Kentucky · 1958