Brown v. Connell
Court of Appeals of Kentucky
Case 54 — PETITION EQUITY APPEAL PROM TRIMBLE CIRCUIT COURT. Where the grantor in a voluntary deed, conveying to his wife and children all of his land, is incumbered with debt, having judgments and executions pending against him, and having no personal property subject to execution; and he afterwards conveys the same land to a purchaser for value, the voluntary deed will be held fraudulent as to such subsequent purchaser, and the question of constructive or actual notice…
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Case 54 — PETITION EQUITY APPEAL PROM TRIMBLE CIRCUIT COURT. Where the grantor in a voluntary deed, conveying to his wife and children all of his land, is incumbered with debt, having judgments and executions pending against him, and having no personal property subject to execution; and he afterwards conveys the same land to a purchaser for value, the voluntary deed will be held fraudulent as to such subsequent purchaser, and the question of constructive or actual notice does not arise. (Doe v. Rushman, 17 Aid. and El. N. R., 724; Story’s Eq. Juris., secs. 165, 166, 168, 356; Enders v.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
On tlie thirtieth, day of December, 1864, J. J. Connell, by deed dnly acknowledged and recorded in the proper ■office, conveyed to his wife and children the tract of land in controversy. The appellee is one of said children. He was, at the time of the conveyance, about ■one year old.
On the first day of November, 1875, J. J. Connell, his wife, and all of his children, except the appellee, who was at the time an infant, conveyed to appellant said tract of land. The conveyance was by deed, duly acknowledged and recorded in the proper office. The…
2Cases cited2 opinions
- Dorsey v. PhillipsCourt of Appeals of Kentucky · 1886
- Jones' Adm'r v. JenkinsCourt of Appeals of Kentucky · 1885
3Cited by8 opinions
- Barr v. PetzholdArizona Supreme Court · 1954
- Sewell v. NelsonCourt of Appeals of Kentucky · 1902
- Blackburn v. SmithCourt of Appeals of Kentucky (pre-1976) · 1930
- Scott v. ScottCourt of Appeals of Kentucky · 1916
- Elmore v. OverstreetCourt of Appeals of Kentucky (pre-1976) · 1927
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