189 Ky. 676 | Ky. Ct. App. | 1920
Opinion op the Court by
Affirming.
In 1915 the appellant, Walker Owens, recovered a judgment against Gr. M. Childress and J. E. Bullock in the Rockcastle circuit court for the sum of $375.00, interest and cost. An execution issued on the judgment was returned “no property found” and this suit was instituted in the nature of a hill of discovery, under the provisions of section 439 of the Civil Code, and by it plaintiff sought to subject to the satisfaction of his debt a house and lot in Mt. Vernon, Kentucky, which had been conveyed to the 'defendant, Sallie A. Childress, wife of Gr. M. Childress, on April 13, 1918, by W. L. Richards and wife, upon the ground that the husband (appellee, Gr. M. Childress) had actually paid for the lot and he fraudulently procured the deed to be executed to his
Briefly, the .undisputed facts, as appear from the record, are that defendants have been married some twenty-five years or more and at the time of the execution of the deed in question they had eight children, six of whom were infants and resided with their parents. The husband is a blacksmith and worked regularly at his trade, earning, when he could get work to do, about $3.50 per day. The wife’s father, when she was married, gave to her a cow and hog or two which she appears to have cared for and with the increase she began to accumulate small amounts of money. She took boarders and did some washing for other people, and in these ways- managed, with the strictest economy, to accumulate small pittances. About the time of the marriage or shortly thereafter, two small tracts of very poor land in the southern portion of Bockcastle county were purchased, one from her father and one from her husband’s father, and the proof shows that these tracts were paid for by the savings of the wife, although the deeds, made much later, were executed-to the husband, but he shortly
After the judgment dismissing' the petition was rendered plaintiff entered motion to require defendant, G-. M. Childress, to pay into court the sum of $150.00, which it was claimed he had upon his person and otherwise secreting from his creditors. The motion was sus
Wherefore the judgment is affirmed.