Johnson v. Elkins
Court of Appeals of Kentucky
Case 26 — PETITION EQUITY APPEAL PROM LARUE CIRCUIT COURT. Pension money, after it reaches the hands of the pensioner, is not exempt. (Eobion v. Walker, 5 Ky. Law Eep., 799; Hudspeth v. Harrison, 6 Ky. Law Eep., 304; Sims, &c., v. Walsham, 9 Ky. Law Eep., 912.) I. An action to set aside a fraudulent conveyance can not be maintained without a return of “no property.” (Kyle v. O’Neil, 10 Ky.
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Case 26 — PETITION EQUITY APPEAL PROM LARUE CIRCUIT COURT. Pension money, after it reaches the hands of the pensioner, is not exempt. (Eobion v. Walker, 5 Ky. Law Eep., 799; Hudspeth v. Harrison, 6 Ky. Law Eep., 304; Sims, &c., v. Walsham, 9 Ky. Law Eep., 912.) I. An action to set aside a fraudulent conveyance can not be maintained without a return of “no property.” (Kyle v. O’Neil, 10 Ky. Law Eep., 710.) 2. The return by the coroner of an execution directed to the sheriff was without authority, and void. (Civil Code, sec. 667, subsec. 1; Gowdy v. Sanders, 10 Ky. Law Eep., 913; Henderson v.…
1Opinion of the Court
JUDGE HOLT
delivered the opinion or the court.
Tlie appellants having a judgment in the Green Circuit Court against the appellee, David Elkins, sued out an execution to the county of Larue, where the debtor then resided. It was directed to the sheriff, but there being none at the time in the county, it was received and returned by the coroner “no property found.” This action was then brought in the Larue Circuit Court to subject to the payment of the judgment a tract of land of sixty-tliree acres, situate in said county, which had been conveyed to the wife of the debtor, Elkins, by one Noe.
The'p…
2Cases cited6 opinions
- Robion v. WalkerCourt of Appeals of Kentucky · 1884
- Martz v. PfeiferCourt of Appeals of Kentucky · 1883
- Hudspeth v. HarrisonCourt of Appeals of Kentucky · 1884
- Menderson v. SpeakerCourt of Appeals of Kentucky · 1881
- Kyle v. O'NeilCourt of Appeals of Kentucky · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Parsons v. DillsCourt of Appeals of Kentucky · 1914
- Mobley v. JacksonCourt of Appeals of Georgia · 1930
- Sanders & Walker v. HerndonCourt of Appeals of Kentucky · 1906
- Dickinson v. JohnsonCourt of Appeals of Kentucky · 1901
- Hudspeth v. HarrisonCourt of Appeals of Kentucky · 1884
3 more not listed; retrieve them via the Exa API.