Tennent v. Battey
Supreme Court of Kansas
Error from Marion District Court. Action by Tennent, Walker & Co., against Battey, and one fueas and wife, to set aside an alleged fraudulent conveyance of property made by Lucas and wife to Battey. The material facts are stated in the opinion, infra. The district court, at the April Term 1875, held that this action could not be maintained, and gave judgment in favor of the defendants for costs. The plaintiffs bring the case here for review.
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Error from Marion District Court. Action by Tennent, Walker & Co., against Battey, and one fueas and wife, to set aside an alleged fraudulent conveyance of property made by Lucas and wife to Battey. The material facts are stated in the opinion, infra. The district court, at the April Term 1875, held that this action could not be maintained, and gave judgment in favor of the defendants for costs. The plaintiffs bring the case here for review. The petition is not a “creditor’s bill.” A creditor’s bill is filed to reach the equitable assets of a debtor, upon which the creditor has no lien, and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Plaintiffs commenced an action against defendant Lucas, on notes and an account, and caused an attachment to be issued and levied on property alleged to be his. Before prosecuting such action to judgment they commenced this action to set aside, as fraudulent and void as against creditors, an assignment made by defendant Lucas and wife, to their co-defendant Battey, of all their property, *327including the property taken on the attachment. A demurrer to the petition filed in this action was sustained, and the case is here for review.
The principal…
Also in this document: Concurrence.
2Cited by24 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Cole v. ThackerSupreme Court of Kansas · 1944
- Parmenter v. LomaxSupreme Court of Kansas · 1903
- Burlington National Bank v. BeardSupreme Court of Kansas · 1895
- Aigeltinger v. EinsteinCalifornia Supreme Court · 1904
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