Marshall v. Roach

4 Ky. Op. 413, 1870 Ky. LEXIS 398

• Court: Court of Appeals of Kentucky
• Decided: October 13, 1870
• Status: Published

Opinion

Opinion oe the Court by

Judge Peters:

The tract of land conveyed by Penick and wife to appellant, M. A. Marshall, as was adjudged by this court in Marshall, &c. vs. Marshall & Penick, 2 Bush 413 was the property of Mrs. Marshall, and not liable to her husband’s debts, and which by the judgment in this case now complained of was ordered to be sold to pay appellee’s demands, that judgment for the reasons stated in the ease referred to is erroneous.

James & Lindsey, for appellant. Bodman, for appellee.

As to the bank stock — Barrett -proves it was purchased and the transfers were made- in the spring of 1859, which was prior to the creation of all the debts sought to be recovered by appellee except the one for $124.65, and that as appears by the credits entered was nearly all paid, not five dollars of it was unpaid when this suit was brought — even then if there was no other objection to the judgment — appellee having become the creditor of the husband after the -transfer of the stock to the wife, has not established his right to set aside said transfer and subject said stock to the payment of his demands — and the court below erred in so -adjudging.

Wherefore the judgment is reversed and the cause is remanded with directions to dismiss appellee’s petition as to appellant, Martha A. Marshall, and for further proceedings consistent herewith.