Legal Opinion

O'Kane v. Vinnedge

Court of Appeals of Kentucky

Decided March 10, 1900PublishedCited by 13 opinions

Case 6 — 'Action of Vinnedge & Co Against James O’Kane, &c., to 'Set Aside a Conveyance as Fraudulent APPEAL FROM BOONE CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. 1. The plaintiff’s demand was purely a legal one, and they can not invoke the aid of a court of equity to enforce it.

Read the full summary

Case 6 — 'Action of Vinnedge & Co Against James O’Kane, &c., to 'Set Aside a Conveyance as Fraudulent APPEAL FROM BOONE CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. 1. The plaintiff’s demand was purely a legal one, and they can not invoke the aid of a court of equity to enforce it. Plaintiffs should first have obtained á judgment and return of “rmllm bona,’’ or if they desired to proceed against the property at the outset, then they could only do so by suing out an attachment as required by the Code. 2. The judgment of the lower court is not sustained by the pleadings. 3. The…

1Opinion of the Court

Opinion op the coubt by

JUDGE BURINAM

Affirming.

On, the 28th day oí May, 1806, appellees, as surviving partners of the firm.' of Vinnedge, Sehlosser' & Co., instituted a suit in equity against appellants, in which they sought a personal judgment against James O’Kane on an account for ice alleged to have been sold and delivered to him; and they asked to have set aside the conveyance of four tracts of land by James O’Kane and his wife to his sister, Jane McGann, on the 25th diay of October, 1894, and which she subsequently conveyed on the 29th of April, 1895, by general warranty deed, to Julia…

2Cases cited7 opinions

  1. Slater v. ShermanCourt of Appeals of Kentucky · 1868
  2. Hanson v. Buckner'sCourt of Appeals of Kentucky · 1836
  3. Bank of Commerce v. Payne, Viley & Co.Court of Appeals of Kentucky · 1887
  4. Burdett v. Phillips & Bro.Court of Appeals of Kentucky · 1880
  5. Martz v. PfeiferCourt of Appeals of Kentucky · 1883

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. In re Haywood Wagon Co.Court of Appeals for the Second Circuit · 1914
  2. Perry v. Krish & Co.Court of Appeals of Kentucky · 1914
  3. Hunt v. NanceCourt of Appeals of Kentucky · 1906
  4. Hamilton v. PrestonCourt of Appeals of Kentucky · 1915
  5. First National Bank of Jackson v. ShortCourt of Appeals of Kentucky (pre-1976) · 1930

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API