Worland v. Kimberlin
Court of Appeals of Kentucky
Error to the Washinton Circuit. Detinue. •Case 141. The ease stated. ’Instructions -of the Circuit ■Court. A purchaserrvho 'is a creditor* may ■bona fide, purchase property from his debtor, tho’ he may know that the object of the debtor is to defeat other creditors.
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Error to the Washinton Circuit. Detinue. •Case 141. The ease stated. ’Instructions -of the Circuit ■Court. A purchaserrvho 'is a creditor* may ■bona fide, purchase property from his debtor, tho’ he may know that the object of the debtor is to defeat other creditors. Tho’ the purchase of personal property by a deputy Sheriff, at a sale made fay a co-deputy, is not within the prohibition of the statute, yet it if against the policy of the law, and should be regarded as pregnant with the suspicion of fraud, and with other slight indications of unfairness should he held void.
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court.
This action of detinue was brought by Worland, claiming under a mortgage and decretal sale made by ■consent on the mortgage, to recover a negro man slave from Kimberlin, who had purchased him under an execution against Starke the mortgagor, subsequent in date to the mortgage and also to the decree. The recovery was resisted on the ground that the mortgage was fraudulent ■and void as to the creditors of Starke; and on the other •hand, it is contended that the defendant could not rely ■on the alledged fraud nor make the question, because being as…
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