Nicholson's Trustee v. Nicholson
Court of Appeals of Kentucky
CASE 70. — ACTION BY J. F. NICHOLSON’S TRUSTEE AGAINST J. F. NICHOLSON AND OTHERS TO SET ASIDE A FRAUDULENT CONVEYANCE: Appeal from Graves Circuit Court. R. J. Bugg, Circuit Judge. Judgment for defendants. Plaintiff; appeals. POINTS AND AUTHORITIES. 1. The appellee had no right of homestead exemptions in the land sought to he subjected because he paid the consideration therefor after the creation of the debts scheduled. (Ky.
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CASE 70. — ACTION BY J. F. NICHOLSON’S TRUSTEE AGAINST J. F. NICHOLSON AND OTHERS TO SET ASIDE A FRAUDULENT CONVEYANCE: Appeal from Graves Circuit Court. R. J. Bugg, Circuit Judge. Judgment for defendants. Plaintiff; appeals. POINTS AND AUTHORITIES. 1. The appellee had no right of homestead exemptions in the land sought to he subjected because he paid the consideration therefor after the creation of the debts scheduled. (Ky. Stats., section 1702.) 2. The property not being specifically exempt that was invested in the real estate did not create an exempted homestead. (Lear v Totten, 14 Bush,…
1Opinion of the Court
Opinion of the Court by
John D. Carroll, Commissioner
Affirming.
In 1903 appellee was adjudged a bankrupt, and appellant appointed bis trustees in bankruptcy. Soon after bis appointment be brought tbis suit, attacking as fraudulent a conveyance made in 1901 to tbe wife of appellee, alleging that $400 of tbe purchase money of $600 was paid by appellee, who procured tbe deed made to tbe wife with the intent to defraud bis creditors. Tbe bankrupt’s debts were created prior to tbe purchase and conveyance of tbe land to tbe wife. *631The evidence establishes that during the years 1901-1904, inclusive,…
2Cases cited3 opinions
- Johnson v. ElkinsCourt of Appeals of Kentucky · 1890
- Curtis v. HeltonCourt of Appeals of Kentucky · 1900
- Wallace v. MasonCourt of Appeals of Kentucky · 1897
3Cited by1 opinion
- Elliott v. ArgenbrightCourt of Appeals of Kentucky (pre-1976) · 1927