Smith v. Smith
Court of Appeals of Kentucky
Case 41 — 'Actions by Dorcas .Smith and S. Kahn’s Sons against T. D. SMith, to Subject a Tract oe Land to Their Debts. APPEAL PROM TRIGG CIRCUIT COURT. From a Judgment Setting Aside Plaintiff's Attachment on Defendant’s Land, Plaintiff Appeals. This is a proceeding to subject the land owned by defendant, T. D-. .Smith, to- the payments -of appellant’s debts, the two cases being heard together.
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Case 41 — 'Actions by Dorcas .Smith and S. Kahn’s Sons against T. D. SMith, to Subject a Tract oe Land to Their Debts. APPEAL PROM TRIGG CIRCUIT COURT. From a Judgment Setting Aside Plaintiff's Attachment on Defendant’s Land, Plaintiff Appeals. This is a proceeding to subject the land owned by defendant, T. D-. .Smith, to- the payments -of appellant’s debts, the two cases being heard together. Attachments were obtained on the ground of the non-residency of the defendant, and were lelvi-ed on the land as the property of T. D. S-mith. The question in this case is whether, under the will of…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Reversing.
Appellants, as creditors of T. II. §mith, brought these actions against him in the Trigg circuit court to subject to their debts a tract of land owned by him. Attachments were taken out which were levied on the land. The attachments were sustained, but before a judgment was ontered for the sale of the land it was held by this court ini the case of Wallace v. Smith, 113 Ky., 263, 24 R., 139, 68 S. W., 131, that T. D. Smith, under the will of his father, from whom he got the land, could not pledge, mortgage, or sell it until he was 35 years old.…
2Cases cited7 opinions
- Stewart v. BradyCourt of Appeals of Kentucky · 1868
- Parsons v. SpencerCourt of Appeals of Kentucky · 1885
- Stewart v. BarrowCourt of Appeals of Kentucky · 1870
- Woolley v. PrestonCourt of Appeals of Kentucky · 1884
- Wallace v. SmithCourt of Appeals of Kentucky · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Anderson v. BlackburnCourt of Appeals of Kentucky · 1956