Waide v. Culbertson & Co.

Court of Appeals of Kentucky

Waide v. Culbertson & Co.

5 Ky. Op. 160, 1872 Ky. LEXIS 259

DecidedApril 24, 1872

StatusPublished

This text of 5 Ky. Op. 160 (Waide v. Culbertson & Co.) 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

Waide v. Culbertson & Co., 5 Ky. Op. 160, 1872 Ky. LEXIS 259 (Ky. Ct. App. 1872).

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Opinion

Opinion by

Judge Peters :

Appellants acquired no lien on the effects of their debtors by the institution of a suit against them merely, and before a lien had been acquired by the creditors the debtors might rightfully convey their property either directly to all, the creditors or to a trustee, or assignee, in trust for them all; such disposition was [161]*161not only legal, but was just and equitable, the creditors being equally meritorious. Nor did t'he right of the beneficiaries under the deed, depend upon the acceptance or non-acceptance, of the trustee; the chancellor would take charge of the estate conveyed and appoint a trustee if necessary.

Kinchloe, Rodman, for appellant. R. Y. Bush, for appellee.

As the judgment distributed the funds pro rata among all the creditors, appellants included, they have no just cause to complain.

Wherefore the judgment was affirmed.

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Opinion by

Judge Peters :

Appellants acquired no lien on the effects of their debtors by the institution of a suit against them merely, and before a lien had been acquired by the creditors the debtors might rightfully convey their property either directly to all, the creditors or to a trustee, or assignee, in trust for them all; such disposition was [161]*161not only legal, but was just and equitable, the creditors being equally meritorious. Nor did t'he right of the beneficiaries under the deed, depend upon the acceptance or non-acceptance, of the trustee; the chancellor would take charge of the estate conveyed and appoint a trustee if necessary.

Kinchloe, Rodman, for appellant. R. Y. Bush, for appellee.

As the judgment distributed the funds pro rata among all the creditors, appellants included, they have no just cause to complain.

Wherefore the judgment was affirmed.

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Bluebook (online)

5 Ky. Op. 160, 1872 Ky. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waide-v-culbertson-co-kyctapp-1872.