Tucker v. Witherbee
Court of Appeals of Kentucky
CASE 36. — ACTION BY E.D TUCKER AGAINST S. O. WITHERBEE AND ANOTHER. — Appeal from Jefferson Circuit Court; Chancery Branch (First Division). Shackelford Miller, Judge. Judgment dismissing plaintiff’s petition and he appeals — POINTS AND AUTHORITIES. 1. In an action to set aside a fraudulent conveyance and to quiet title it is not necessary to 'allege that the plaintiff is in the actual possession of the property.
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CASE 36. — ACTION BY E.D TUCKER AGAINST S. O. WITHERBEE AND ANOTHER. — Appeal from Jefferson Circuit Court; Chancery Branch (First Division). Shackelford Miller, Judge. Judgment dismissing plaintiff’s petition and he appeals — POINTS AND AUTHORITIES. 1. In an action to set aside a fraudulent conveyance and to quiet title it is not necessary to 'allege that the plaintiff is in the actual possession of the property. (Herr v. Martin, 90 Ky. 377; Packard v. Beaver Valley Land and Mining Co., 95 Ky. 249; Eversole v. Virginia Iron, Coal & Coke Co., 29 Ky. Law Rep. 151; Fox v. Cornett, 29 Ky. Law…
1Opinion of the Court
Opinion of the Court by
Judge Carroll —
Reversing.
In 1893 Tucker purchased a horse from Witherbee for $110. To secure the payment of this sum, he exe cuted to Witherbee a deed, conveying to him a small *272parcel of land. The deed recites: “The said party of the first part for and in consideration of $110.00, cash, or its equivalent, to-wit: one sorrel mare blazed face and both hind feet white, the receipt of which is hereby ackonwledged, does hereby sell, grant and convey to the party of the second part, his heirs and assigns forever, the following described property, to wit: * * * To have and to…
2Cases cited7 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Honore v. HutchingsCourt of Appeals of Kentucky · 1871
- Tygret v. Potter & Co.Court of Appeals of Kentucky · 1895
- Herr v. MartinCourt of Appeals of Kentucky · 1890
- Fox v. CornettCourt of Appeals of Kentucky · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Childers v. YorkCourt of Appeals of Kentucky · 1920
- Kypadel Coal & Lumber Co. v. MillardCourt of Appeals of Kentucky · 1915
- Miracle v. StoneCourt of Appeals of Kentucky · 1921
- Reitze v. HumphreysSupreme Court of Colorado · 1912
- Talley v. EastlandCourt of Appeals of Kentucky (pre-1976) · 1935
5 more not listed; retrieve them via the Exa API.