Basye v. Brown
Court of Appeals of Kentucky
Case i 14 — PETITION EQUITY — APPEAL FROM OLDHAM CIRCUIT COURT. 1. The husband was jointly liable with the obligors in the indemnifying bond. (Campbell v. Galbreath, 12 Bush, 459.) 2. The husband may be regarded as trustee for his wife, and this being a controversy in regard to the misuse of the trust property, he was a necessary party.
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Case i 14 — PETITION EQUITY — APPEAL FROM OLDHAM CIRCUIT COURT. 1. The husband was jointly liable with the obligors in the indemnifying bond. (Campbell v. Galbreath, 12 Bush, 459.) 2. The husband may be regarded as trustee for his wife, and this being a controversy in regard to the misuse of the trust property, he was a necessary party. (Jones’ assignee'v. Johnson, 10 Bush, 649.) .3. Thomas Basye obtained a credit upon his judgment by a sale of the property, and is therefore interested^rtilthe determination of the question involved in this case. i. A judgment cannot be rendered against a…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
An execution in favor of appellees issued against ThomasBasye and was levied upon personal property in the county of Oldham. Frances Basye, wife of Thomas Basye, asserted claim to the property as her separate estate, and the- sheriff' refusing to sell without a bond of indemnity, the bond was: executed by appellees and the property sold. Appellant, Frances Basye, brought suit upon the bond against appellees and her husband, Thomas Basye, claiming damages for the alleged illegal levy and sale. To this petition appellees, pleading to the…
2Cited by10 opinions
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- Willis v. TomesCourt of Appeals of Kentucky · 1911
- University of Louisville v. MetcalfeCourt of Appeals of Kentucky (pre-1976) · 1926
- Knoxville Banking & Trust Co. v. MershonCourt of Appeals of Kentucky · 1913
- Martin v. FranklinCourt of Appeals of Kentucky · 1914
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