Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 98
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...on this question, the further one, whether the purchaser under execution sale, having regularly obtained his deed, may file suit in equity against the vendee of the original debtor for the land, and have the deed by which the debtor conveyed it to his vendee set aside, all upon the ground that such sale was fraudulent, and made with the intent and purpose to cheat, hinder and delay the creditor in making his debt by execution. Under the facts of this record, it appears that at the February term, 1889, of the Pike Circuit Court, the Commonwealth obtained a judgment against W. J. Price for the sum of $100 as ecurity on some bonds taken to 'the Commonwealth; that on this judgment execution issued on the lst day of March, 1889, and on the 12th day of March same was, by the sheriif of Pike county, levied on the tract of land of about sixty acres as the property of Price. This land was sold on the 25th day of March, 1889, and appellee became the purchaser, bidding the debt, interest and cost in the execution. It further appears that this land had been previously owned by legal title by the defendant, Vm. J. Price, but that on the day of the sale a deed of conveyance was filed, after being proven by one of the subscribing witnesses, of date February 22. 1889. made by Wm. J. Price. the former owner, to Mrs. Elizabeth Fuller. the mother of Price. This deed recited a consideration of $100 cash in hand paid. Notice of the filing of this deed and of the claim of title by Mrs. Fuller was duly made at the time of the sale under which Pinson purchased, and thi is the deed that Pinson now attacks as fraudulent. Without reciting the evidence introduced on the trial of this issue by the chancellor, it is sufficient to say that the weight of same...
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