109 Ky. 197 | Ky. Ct. App. | 1900
Opiniom* of the court by
Affirming.
Suit was brought in the Shelby Circuit Court to settle the estate of W. T. Hardin, to which suit the Deposit Bank and others were made defendants. The bank filed its an.
In determining whether the circuit judge erred in granting the peremptory instruction, we are to inquire whether any damages resulted to appellants from the attachments sued out by the bank, distinct from the damages which resulted from the suit to set aside as fraudulent the conveyances made to appellants by Hardin. Had that suit been brought without the issuance of any attachment, it is perfectly clear that, though the bank was finally defeated in its suit, the only penalty which could be imposed upon it, and the only damages which could be recovered against it, would be the cost of the proceedings, including the taxed attorney’s fees. It had the undoubted right, believing the conveyances to be fraudulent, to bring its suit to set them aside, taking the risk which every litigant