114 Ky. 741 | Ky. Ct. App. | 1903
Opinion of the court by
Reversing.
The object of this suit was to set aside a deed which Taitón B. Anglin executed and delivered to the, appellant, James E. Anglin, by which he conveyed to him an undivided fifth interest in a certain tract of land, the appellee claiming that at the time of its conveyance he was a creditor of the grantor. The deed was dated July 10th, was acknowledged on the 15th, and lodged for record on the 22d of the same month. The consideration recited in the deed, was $500 cash in hand paid and love and affection, the grantor and the grantee being brothers. From the averments of the petition it appears that on the 4th day of July, 1896, the grantor, Taitón B. Anglin, shot and wounded the appellee, Conley; that on the BOth day of that month the appellee instituted an action against him for maliciously shooting and wounding him; that suh
To paraphrase the averments of the petition, they simply amount to the charge that it was a voluntary conveyance, without consideration, with the fraudulent intent to cheat the grantor’s creditors. In our opinion, there, is but one cause of action attempted to be stated. The first question which we will consider is whether or not the appellee was a creditor of Taitón B. Anglin at the time the conveyance was made, or had such claim as would enable him to have the conveyance set aside upon a proper showing. It is urged in behalf of the appellant that the appellee was not a creditor of the grantor, because the liability had not been fixed by a judgment of the court. It was held in Lillard v. McGee, 4 Bibb, 165, that a person who recovers judgment in slander is a creditor, within the meaning of the statute. In Slater v. Sherman, 5 Bush, 206, it was held that one who had a claim against another, growing out of assault and battery, had the right to hare a fraudulent conveyance set aside, although made before the judgment was rendered in his favor. The doctrine in
The case is reversed, with directions that the court adjudge the appellant a lien upon the land for th'e sums he paid to and for his brother, Taitón B. Anglin, as consideration for the land, which is the $500 and the amounts paid the attorneys, costs, and fines; that the appellee be awarded a lien for his debt, interest, and costs, subordinate to that of the appellant; and that the interest conveyed by Taitón B. Anglin in the property be sold to satisfy these claims; and for proceedings consistent with this opinion.