Baxter v. Fielder

Court of Appeals of Kentucky

Baxter v. Fielder

5 Ky. Op. 214, 1871 Ky. LEXIS 333

DecidedOctober 3, 1871

StatusPublished

This text of 5 Ky. Op. 214 (Baxter v. Fielder) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baxter v. Fielder, 5 Ky. Op. 214, 1871 Ky. LEXIS 333 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Lindsay:

The evidence in this case shows that Curtis Fielder, the real debtor, never held the title to any portion of the tract of land for the purchase price of which the note of Elizabeth Tudor to his wife was given. Upon the contrary, the legal title to such land was in Mrs.'Coen from the year 1856 up to the sale to Tudor. Appellants prove that Wm. Fielder caused the land to be conveyed to Mrs. Coen to protect, it from his creditors. Such being the case, she had the right to hold it as against him and his heirs.

Therefore his son, Curtis Fielder, did not take any part of it by inheritance upon his father’s death. As the land could not have been subjected to the payment of Curtis Fielder’s debts, Mrs. Coen had the right to. give one of the notes given for the [215]*215purchase price thereof to his wife, and this note until it was reduced to the husband’s possession could not be taken by his creditors. He died without having reduced it to possession. Wherefore appellant’s petitions were properly dismissed. Judgment affirmed.

Turnerfor appellants. Burnam, for appellees.

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Opinion by

Judge Lindsay:

The evidence in this case shows that Curtis Fielder, the real debtor, never held the title to any portion of the tract of land for the purchase price of which the note of Elizabeth Tudor to his wife was given. Upon the contrary, the legal title to such land was in Mrs.'Coen from the year 1856 up to the sale to Tudor. Appellants prove that Wm. Fielder caused the land to be conveyed to Mrs. Coen to protect, it from his creditors. Such being the case, she had the right to hold it as against him and his heirs.

Therefore his son, Curtis Fielder, did not take any part of it by inheritance upon his father’s death. As the land could not have been subjected to the payment of Curtis Fielder’s debts, Mrs. Coen had the right to. give one of the notes given for the [215]*215purchase price thereof to his wife, and this note until it was reduced to the husband’s possession could not be taken by his creditors. He died without having reduced it to possession. Wherefore appellant’s petitions were properly dismissed. Judgment affirmed.

Turnerfor appellants. Burnam, for appellees.

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Bluebook (online)

5 Ky. Op. 214, 1871 Ky. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxter-v-fielder-kyctapp-1871.