Ryan v. Stanton

Court of Appeals of Kentucky

Ryan v. Stanton

9 Ky. Op. 487, 1877 Ky. LEXIS 285

DecidedJune 15, 1877

StatusPublished

This text of 9 Ky. Op. 487 (Ryan v. Stanton) 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

Ryan v. Stanton, 9 Ky. Op. 487, 1877 Ky. LEXIS 285 (Ky. Ct. App. 1877).

Pincite

Opinion

Opinion by

Judge Pryor :

We see no reason why the appellant is deprived of the right to coerce the money from the officer returning the execution satisfied.

The law permits the debtor to sell his property to pay his debts, and the fact of his having made a sale for that purpose creates no trust in favor of creditors. The sale was absolute and unconditional, and the purchaser, although agreeing to' pay the debts, does not hold the property in trust. No> such stipulation is expressed in the instrument conveying the property, nor was there any such intention on the part of the contracting parties. Besides, there is no allegation that appellant’s debt is unpaid, or that the constable failed to' account to the appellant for the amount of the execution.

The demurrer was properly, sustained. Judgment affirmed.

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

Opinion by

Judge Pryor :

We see no reason why the appellant is deprived of the right to coerce the money from the officer returning the execution satisfied.

The law permits the debtor to sell his property to pay his debts, and the fact of his having made a sale for that purpose creates no trust in favor of creditors. The sale was absolute and unconditional, and the purchaser, although agreeing to' pay the debts, does not hold the property in trust. No> such stipulation is expressed in the instrument conveying the property, nor was there any such intention on the part of the contracting parties. Besides, there is no allegation that appellant’s debt is unpaid, or that the constable failed to' account to the appellant for the amount of the execution.

The demurrer was properly, sustained. Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

9 Ky. Op. 487, 1877 Ky. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-stanton-kyctapp-1877.