Seiler v. Walz
Court of Appeals of Kentucky
Case; 18 — PETITION EQUITY APPEAL EROM PENDLETON CIRCUIT COURT. 1. The Appellee having filed his claim against the assigned estate of the principal in the note, he should in this suit against the surety on that note be made to account for the amount he received out of the assigned estate, as he had no right of action against the surety except for the balance. 2. The allegations of the petition are not sufficient to support the attachment or to authorize the Court to set…
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Case; 18 — PETITION EQUITY APPEAL EROM PENDLETON CIRCUIT COURT. 1. The Appellee having filed his claim against the assigned estate of the principal in the note, he should in this suit against the surety on that note be made to account for the amount he received out of the assigned estate, as he had no right of action against the surety except for the balance. 2. The allegations of the petition are not sufficient to support the attachment or to authorize the Court to set aside the conveyance, it not being alleged that the debtor was either insolvent and made the conveyance in contemplation of…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court:
The appellant, G. A. Seiler, was a young man of thrifty habits, and by the aid of his father, at his starting out to work and trade for himself, had accumulated some $2,000 up to the 5th of October, 1891, when his father, George F« Seiler, his co-appellant here, sold and conveyed to him a tract of 100 acres of land, of inferior quality, in Pendleton county. The consideration of the land was stated to be $1,800, recited as cash in hand, and this appears to have been its fair value.
At the execution of the deed only the sum of $268 was actually…
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- Farmers' Bank of Fountain Run v. HaganCourt of Appeals of Kentucky (pre-1976) · 1932
- Hord v. GreenCourt of Appeals of Kentucky (pre-1976) · 1931
- Jadco Enterprises, Inc. v. FannonDistrict Court, E.D. Kentucky · 2014
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