Clark's Administrator v. Rucker
Court of Appeals of Kentucky
Appeal from the Meade Circuit. Chancery. Case 142, J. C. conveyed his property to W. G. by absolute deed in secret trust, however; for the benefit of (lie wife and child of J. C. W. C. becoming involved, conveyed the property to the widow" &c. of J.G.he having died.Held that the conveyance was valid, and the creditors of VV ■ C. could not subject the property so conveyed to their debts. —Bulifthe fraudulent vendee ¡had retained the litJe to the property, it Mould ihave been…
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Appeal from the Meade Circuit. Chancery. Case 142, J. C. conveyed his property to W. G. by absolute deed in secret trust, however; for the benefit of (lie wife and child of J. C. W. C. becoming involved, conveyed the property to the widow" &c. of J.G.he having died.Held that the conveyance was valid, and the creditors of VV ■ C. could not subject the property so conveyed to their debts. —Bulifthe fraudulent vendee ¡had retained the litJe to the property, it Mould ihave been liable dor his debts. Though a fraudulent vendee may not be compelled to recovery to his fraudulent vendor, yet if he do…
1Opinion of the Court
Judge Simpson
delivered the opinion of the Court.
John Clark having engaged in a trading adventure with a man by the name of Watts, and apprehending an unfavorable result in their speculation, made to his brother William an absolute bill of sale of all his slaves, for the purpose of placing them out of the reach of his creditors in the event that the expedition in which he had embarked proved unfortunate, with a secret understanding ■that the vendee was to hold them in trust for the benefit of the vendor’s wife and infant child.
Shortly afterwards John Clark died, and William Clark took…
2Cited by6 opinions
- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Martin v. MartinCourt of Appeals of Kentucky (pre-1976) · 1941
- Powell v. . IveySupreme Court of North Carolina · 1883
- Scudder & Co. v. MorrisMissouri Court of Appeals · 1904
- Farmers' Bank of Fairmont v. GouldWest Virginia Supreme Court · 1900
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