85 Ky. 168 | Ky. Ct. App. | 1887
DELIVERED THE OPINION OF THE COURT.'
Appellees instituted their, respective actions in the Louisville chancery court for the purpose of- setting aside a conveyance of a house and lot to appellant M. E. Gross, the wife, and subjecting it to the satisfaction of their debts against Geo. S. Gross, the husband'. And the two cases being tried together, judgment was rendered in favor of each of the plaintiffs for a sale of the property as prayed for in their petitions. The action of appellees Eddinger & Bro. was upon a judgment rendered in their favor against Geo. S. Gross, October, 1880, for two hundred and sixteen dollars and eighty-three cents and interest from that date, upon which an execution was duly issued and returned by the proper officer
In the first-named action, it is stated that subsequent to the issuing and return of the execution mentioned, Geo. S. Gross purchased the property, and in order to cheat, hinder and delay his creditors, fraudulently caused the deed therefor of date September, 1883, to be made to his wife, M. E. Gross, notwithstanding he is the real owner of and paid for the property and improvements thereon. In the other action substantially the same allegation of fraud is made, and an attachment was asked, issued and levied on the house and lot.
It appears from the evidence, that in 1879 Geo. S. Gross was the owner of a coffee-house on Water street, in the city of Louisville. But in October, 1880, a license to carry on a tavern with the privilege to retail liquor at the corner of Twelfth and Main streets for one year from July, 1880, was issued to “Geo. Gross, Agent.”
In July, 1881, by judgment of court, M. E. Gross was empowered to act as a feme sole as provided by statute, and on the twenty-third of that month a license was issued to her to keep a tavern at the same place for one year, the bond required in such cases being signed, “M. E. Gross by Geo. Gross, Agent.” From that place they removed to Market, between Third- and Fourth streets, where the same business was continued in her name about four months, when the business and property
It seems to us that, as this record stands, it would be contrary to common experience and common sense to attribute the conduct of the husband and wife to any other purpose than a fraudulent device to cheat, hinder and delay his creditors. And as the condition of the parties was not -such as authorized the judgment making her a feme sole in the meaning of the statute, it is a reasonable supposition it was sought by them in order to further his fraudulent purpose.
As, therefore,, the transfer by him to her of his capital
Wherefore, the judgment in both cases is affirmed.