Disney v. Sawyers

Court of Appeals of Kentucky

Disney v. Sawyers

12 Ky. Op. 75, 4 Ky. L. Rptr. 896, 1883 Ky. LEXIS 141

DecidedApril 26, 1883

StatusPublished

This text of 12 Ky. Op. 75 (Disney v. Sawyers) 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

Disney v. Sawyers, 12 Ky. Op. 75, 4 Ky. L. Rptr. 896, 1883 Ky. LEXIS 141 (Ky. Ct. App. 1883).

Pincite

Opinion

Opinion by

Judge Pryor:

This court has lately reversed the doctrine as to the rights of a creditor to attack a conveyance alleged to be fraudulent without an execution and return of no property found. The return of no property, which is conclusive as to the satisfaction of his common-law remedy, is essential to the cause of action and without it the appellee had no standing in court.

Some confusion in the manuscript opinion exists on the subject. The cases of Vance v. Campbell, 11 Ky. Opin. 368, 3 Ky. L. 448, and Martz v. Pfiefer, 80 Ky. 600, 4 Ky. L. 592, determine this question.

Dishman & McClary, for appellants. John L. Scott, for appellee.

Judgment reversed and cause remanded for proceedings consistent with this opinion.

Free access — add to your briefcase to read the full text and ask questions with AI