49 Ky. 206 | Ky. Ct. App. | 1849
delivered the opinion of the Court.
The complainants being judgment creditors of W. G» Bakewell, instituted, severally, a suit in chancery to set aside, as fraudulent, a conveyance of a lot of ground, No. 61, in Louisville, made by Bakewell to John Brand, by deed, dated 28th April, 1833, and a mortgage from Bakewell to Brand on another lot of ground, the mortgage being dated 10th January 1842, The deed was made without Brand’s knowledge, and it does not appear that he was apprised of its existence until a year after its date. It was, however, acknowledged before the Clerk, and recorded in the proper office in December 1833. On the 3d May, 1834, Bakewell wrote to Brand & Son a letter, in which he uses the following language: “ I leave for New Orleans this day. Lot No. 61, corner of Main and 10th streets, in this place, (Louisville,) is recorded in the name of John Brand, which, if my debts to your worthy and much esteemed family are all paid, and I should die, is to be held three years, and then transferred to my wife; if she is not living then, I wish it transferred to my brother, T. W. Bakewell. Having a snug little fortune besides this lot, I took the liberty of transferring it to my friend J. B., to have it entirely out df the reach of the casualties of mercantile life.” Bakewell made his contemplated trip*
Bakewell was the factor of Brand, and received, occasionally, bagging, rope, &c., for him and his son, and sold them. From the accounts between the parties, at the date of the deed, and at the dates of Bakewell’s letters, it does not appear, that at either of said dates, he owed J. Brand any thing. At the date of the deed, the account exhibited, shows that he owed Brand & Son about two thousand dollars. There were, however, running accounts between the parties. At the time of the mortgage in 1842, he appears to have been largely in debt to Brand. There is no evidence^ that Bakewell except as to Brand, or Brand & Son, was owing any
The foregoing are substantially the facts of these two suits in chancery, which were consolidated and heard together. The Chancellor dismissed the bills without prejudice, and the complainants have brought the cases to this Court for revision.
One, who is not in debt, may convey to his wife, or other relative, á portion of his estate, and such convey
As to the mortgage, the, parties do not seem to have paid much attention to it. If the whole six thousand dollars secured by it, is not justly due to Brand,- the parties are not precluded from investigating the validity of that mortgage, if they think proper to do- so, inasmuch as their bills were not dismissed absolutely, but' are only “dismissed without pi’ejudice to any other suits for same causes.”
As we do not perceive any error in the decree of the-Chancellor, it is therefore affirmed.