Hardin v. Johnson

248 S.W. 544, 198 Ky. 187, 1923 Ky. LEXIS 424

Opinion

Opinion op the Court by

Judge Clarke

Affirming

The appellants, as children and heirs of F. M. Johnson, deceased, were not entitled to a cancellation of the deed to appellee W. H. Johnson, even if, as alleged in their petition, the land-thereby conveyed to him was bought and paid for 'by their father and at his instance conveyed- to appellee for the fraudulent purpose of hindering and delaying • their father’s creditors. Neal v. Neal, 82 S. W. 981, 26 Ky. L. R. 962; Higgins v. Gose, 144 Ky. 123, 137 S. W. 1038; Williamson v. Lowe, 172 Ky. 80, 188 S. W. 1065.

Hence the chancellor did not err in dismissing appellants ’ petition upon final- submission, even if the proof had sustained the allegations thereof, which, in our judgment, is not true. Nor was it any the less- his right and duty so to do because of the fact that he had erroneously overruled a demurrer to the petition.

Judgment affirmed.