German Insurance Bank v. Nunes
Court of Appeals of Kentucky
Case 61 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. It is clear that appellee Nunes considered his property more valuable than the amount of his debts, and he intended to prevent his creditors from enforcing payment by ordinary process. :2. He had a double design: to pay his creditors and leave a surplus for . himself. The deed is, upon its face, fraudulent as to creditors. (Ward v. Trotter, 3 Mon., 1; 8 Dana, 247; 1 Sand. Cli’y, 8; II Cent.
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Case 61 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. It is clear that appellee Nunes considered his property more valuable than the amount of his debts, and he intended to prevent his creditors from enforcing payment by ordinary process. :2. He had a double design: to pay his creditors and leave a surplus for . himself. The deed is, upon its face, fraudulent as to creditors. (Ward v. Trotter, 3 Mon., 1; 8 Dana, 247; 1 Sand. Cli’y, 8; II Cent. Law Jour., 481.) T. The recital in the deed is immaterial. If there is a recital, and the operative part of the deed is not ambiguous, the recital…
1Opinion of the Court
■JUDGE HINES
delivered the opinion of the court.
The only question to be considered is, whether.the following deed of trust is fraudulent and void because made to hinder and delay creditors.' The material part of the deed •reads: “That whereas, the said first party is, indebted to sundry persons in various sums, amounting in the aggregate to about thirty-eight thousand dollars, and is the owner of a large amount of assets, estimated to be worth more than fifty 'thousand dollars; and whereas, the said first party is unable to convert his said assets into money fast enough to discharge his said…
2Cases cited1 opinion
- Vernon & Averill v. Morton & SmithCourt of Appeals of Kentucky · 1839
3Cited by7 opinions
- Bank of Commerce v. Payne, Viley & Co.Court of Appeals of Kentucky · 1887
- McPike v. AtwellSupreme Court of Kansas · 1885
- Moore, Bremaker & Co. v. Stege & ReilingCourt of Appeals of Kentucky · 1892
- In re BradleyDistrict Court, E.D. Kentucky · 1939
- Maskovitz v. SimonCourt of Appeals of Kentucky · 1901
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