Southworth v. Casey
Court of Appeals of Kentucky
Case 80 — EQUITY— APPEAL FROM OWEN CIRCUIT COURT. 1. The proof shows that Suter’s transfer of his property was not in contemplation of insolvency, but to enable him to pay his debts. 2. Inasmuch as appellant’s purchase of and payment for the property was. in good faith, to the extent of his payment over and above his debt against Suter, he should have been adjudged to be a preferred cred-itor.
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Case 80 — EQUITY— APPEAL FROM OWEN CIRCUIT COURT. 1. The proof shows that Suter’s transfer of his property was not in contemplation of insolvency, but to enable him to pay his debts. 2. Inasmuch as appellant’s purchase of and payment for the property was. in good faith, to the extent of his payment over and above his debt against Suter, he should have been adjudged to be a preferred cred-itor. (Terrell v. Jennings, 1 Met., 458; Temple v. Poyntz, 2 Duv.,. 279; Davis v. Gardner, 1 Bush, 272; Thompson v. Heffner, 11 Bush, 362.) , 1. Suter is the son-in-law of appellant. The proof shows without…
1Opinion of the Court
JUDGE COEER
delivered the opinion of the court.
That Suter knew he was insolvent when he sold the-stock of goods at Gratz to Southworth cannot be doubted. In receiving his own note in part payment for the goods he must have known he was preferring Southworth to that extent, and he must be taken to have designed that which, he knew must result from his voluntary act.
But it by no means follows that all the property he then owned can now be reached by his creditors in this proceeding under the statute.
*396The fifty acres of land subsequently conveyed to South-'worth was not sold in payment of any debt…
2Cases cited1 opinion
- Whitaker v. GarnettCourt of Appeals of Kentucky · 1867
3Cited by4 opinions
- Baker v. KinnairdCourt of Appeals of Kentucky · 1893
- Northern Bank v. Farmers' Nat. BankCourt of Appeals of Kentucky · 1901
- Kinney v. HaymanCourt of Appeals of Kentucky · 1883
- Vinson, Goble & Prichard v. McAlpin & Co.Court of Appeals of Kentucky · 1888