Legal Opinion · Dissent

Alt v. Burt

Court of Appeals for the Sixth Circuit

Decided April 18, 1950No. 10999Published

1DissentMiller, Circuit Judge

Since the facts in this case are undisputed and the Kentucky law applicable thereto is, in my opinion, well settled, I am unable to agree with the conclusion of the majority opinion that the claim of Appellant Anna C. Alt is more than 'color-able and should be disposed of in a plenary suit.

Section 404.020 Kentucky Revised Statute, which controls the decision in this case, provides that a transfer “of personal property between husband and wife shall not be valid as to third persons, unless it is in writing, and acknowledged and recorded, * * Under this statute it is not necessary for a…

2Cases cited5 opinions

  1. Courtney v. SheaCourt of Appeals for the Sixth Circuit · 1915
  2. Security Bank v. Zimlich'sCourt of Appeals of Kentucky (pre-1976) · 1935
  3. Tinney v. KatcherCourt of Appeals for the Sixth Circuit · 1943
  4. Moore v. PopeCourt of Appeals of Kentucky (pre-1976) · 1941
  5. Thomson v. Dennis' Ex'xCourt of Appeals of Kentucky (pre-1976) · 1940

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