Brago v. Smith

Court of Appeals of Kentucky

Brago v. Smith

4 Ky. Op. 371, 1870 Ky. LEXIS 376

DecidedOctober 14, 1870

StatusPublished

This text of 4 Ky. Op. 371 (Brago v. Smith) 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

Brago v. Smith, 4 Ky. Op. 371, 1870 Ky. LEXIS 376 (Ky. Ct. App. 1870).

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Opinion

Opinion of the Court bv

Judge Robertson:

As the petition charged that the legal title had been fraudulently conveyed to Mrs. Bragg, she was a necessary party to the suit for setting it aside. She does not appear to have been made •a party, and the decree therefore vacating her deed and subjecting the land cannot affect her title.

Wherefore the judgment is reversed, and the cause remanded for further proceedings.

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Opinion of the Court bv

Judge Robertson:

As the petition charged that the legal title had been fraudulently conveyed to Mrs. Bragg, she was a necessary party to the suit for setting it aside. She does not appear to have been made •a party, and the decree therefore vacating her deed and subjecting the land cannot affect her title.

Wherefore the judgment is reversed, and the cause remanded for further proceedings.

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Bluebook (online)

4 Ky. Op. 371, 1870 Ky. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brago-v-smith-kyctapp-1870.