Polley's ex'rs v. Polley
Court of Appeals of Kentucky
Case 9 — EQUITY APPEAL PROM KENTON CHANCERY COURT. The gift, until the deeds were executed, passed no right, either legal or equitable. The consummation of the gift by conveyances being after the mortgage had been executed and delivered, did not affect the validity thereof, because the verbal gift being void, and the donees looking to the donor all the time for the title through the deeds, could not and did not claim adversely, and the property ivas liable for his debts.
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Case 9 — EQUITY APPEAL PROM KENTON CHANCERY COURT. The gift, until the deeds were executed, passed no right, either legal or equitable. The consummation of the gift by conveyances being after the mortgage had been executed and delivered, did not affect the validity thereof, because the verbal gift being void, and the donees looking to the donor all the time for the title through the deeds, could not and did not claim adversely, and the property ivas liable for his debts. Equity requires that each devisee and grantee should, according to the property he receives, be required to contribute to…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion' oe the court.
James D. Polley, residing in the city of Covington,, executed a will in the month of February, 1866, and died in May, 1879. At the date of his will, being indebted to various parties, he designated the property out of which his debts were to be paid, 1st, the proceeds of his notes; 2d, certain vacant lots in Covington, and 3d, his lands in the county of Boone. He' then proceeded • to devise to three of his children, in equal parts, the vacant lots and the Boone county land, after the payment of his debts, evidently supposing that much of this…
2Cited by4 opinions
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- Young v. Madison's Ex'rCourt of Appeals of Kentucky (pre-1976) · 1933
- Dorn v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1924
- Hall v. HallCourt of Appeals of Kentucky · 1918