Heidrich & Co. v. Silva
Court of Appeals of Kentucky
Case 68 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. The original plaintiff in an action, under the act of 1856, can not. dismiss his petition so as to defeat the action as to other creditors who have filed their claims, and thus made themselves parties. Nor can he dismiss an appeal which he has prosecuted jointly with such. creditors from a judgment dismissing his petition. (Sawyers v. Langford, 5 Bush, 539; Brenner v. Downard, 11 Ky.
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Case 68 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. The original plaintiff in an action, under the act of 1856, can not. dismiss his petition so as to defeat the action as to other creditors who have filed their claims, and thus made themselves parties. Nor can he dismiss an appeal which he has prosecuted jointly with such. creditors from a judgment dismissing his petition. (Sawyers v. Langford, 5 Bush, 539; Brenner v. Downard, 11 Ky. Law Bep., 308.) Z. The debtor being insolvent, the' law presumes' that he knew it, and also presumes an intention to prefer, and it was not…
1Opinion of the Court
•JUDGE HOLT
delivered the opinion of the court.
December 24, 1887, the appellee, Albert Silva, for ten. ■thousand four hundred and twenty dollars, conveyed •certain real estate to F. C. Miller, and a grocery store for four thousand five hundred dollars to Thomas Weston. He also, upon the same day, paid Ann E. Webster a debt of three hundred and forty dollars, and one •of five thousand five hundred, dollars to the Herman National Bank. He was then insolvent, and upon the *424night of the day of these sales and payments he conveyed his remaining property to a trustee for the payment of his debts.…
2Cases cited2 opinions
- Grimes v. GrimesCourt of Appeals of Kentucky · 1888
- Sawyers v. LangfordCourt of Appeals of Kentucky · 1869
3Cited by13 opinions
- Farmers' Bank & Trust Co. v. PetersCourt of Appeals of Kentucky (pre-1976) · 1928
- Cincinnati Finance Co. v. Atkinson's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Johnson v. Dodd's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
- Combs v. AllenCourt of Appeals of Kentucky (pre-1976) · 1925
- Joyeux v. Anderson-Dulin-Varnell Co.Court of Appeals of Kentucky (pre-1976) · 1926
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