Holliday v. McKinne
Supreme Court of Florida
Appeal from the Circuit Court for Jackson County. This was an action in repleven, commenced in January, 1884, in Jackson county, by John H. McKinne, the plaintiff below, against Thomas Holliday, the appellant and defendant, for a lot of corn, fat hogs, a yoke of oxen and two wagons.
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Appeal from the Circuit Court for Jackson County. This was an action in repleven, commenced in January, 1884, in Jackson county, by John H. McKinne, the plaintiff below, against Thomas Holliday, the appellant and defendant, for a lot of corn, fat hogs, a yoke of oxen and two wagons. The declaration alleges that the value of such property was five hundred dollars, and claims “ a return of said property, or its value, and the sum of five hundred dollars for its detention as damages for the wrongful taking and detention of the same.” Defendant gave the necessary bond and retained possession of…
1ConcurrenceJustice Raney
Upon the last errors (the 6th, 7th and 8th,) assigned and discussed my views are as follows:
I. The question whether a defendant can assert his own fraudulent attempts or acts against his creditors in defence of an action brought by his fraudulent grantee is one upon which there is much doubt. It has been held in Virginia, Thomas vs. Soper, 5 Munf., 28, where the action was detinue for slaves which the grantor retained possession of, and in Maryland, Dorsey vs. Smithson, 6th H. & J., 61, (see also 5 Md., 44,) where likewise the part of the property sought to be recovered in the action of…
2Cases cited27 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Osborne v. MossNew York Supreme Court · 1810
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Clinkinbeard v. ClinkinbeardCourt of Appeals of Kentucky · 1860
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