Matthews v. Albritton
Court of Appeals of Kentucky
Case 6 — PETITION EQUITY APPEAL PROM GRAVES CIRCUIT COURT. ,1. Where one party, pays the consideration for land and takes the title in the name of another, under an express agreement made at the time that the party receiving the title shall hold the property in trust for the use and benefit of the party paying the purchase money, the property is subject to the debts of the cestui que trust at the suit of a creditor, although his debt was created subsequent to the purchase…
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Case 6 — PETITION EQUITY APPEAL PROM GRAVES CIRCUIT COURT. ,1. Where one party, pays the consideration for land and takes the title in the name of another, under an express agreement made at the time that the party receiving the title shall hold the property in trust for the use and benefit of the party paying the purchase money, the property is subject to the debts of the cestui que trust at the suit of a creditor, although his debt was created subsequent to the purchase and agreement. (General Statutes, chapter 63, article 1, section 21; Oro-, zier v. Young, 3 Moil., 159; Doyle v. Sleeper,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
Appellant brought this action to subject real property, the legal title of which is in appellee J. E. Albritton, to the satisfaction of a judgment against appellee R. T. Albritton, upon which an execution was issued and returned no property found.
It is stated substantially in the original and .amended petitions that the property in question was bid for and purchased at a public sale by J. E. Albritton, who received a deed therefor, but that the purchase price was actually paid by R. T. Albritton; "that the conveyance was without any consideration…
2Cited by3 opinions
- First National Bank of Jackson v. ShortCourt of Appeals of Kentucky (pre-1976) · 1930
- Deposit Bank v. RoseCourt of Appeals of Kentucky · 1902
- Madden v. FlemingCourt of Appeals of Kentucky (pre-1976) · 1936