4 Ky. Op. 51 | Ky. Ct. App. | 1871
The appellee Philips had an. execution issued upon a judgment in his favor against the appellant William A. Wathen for the sum of $818, with its interest, and placed in the hands of the sheriff of Marion county, and by him returned “no property found” and thereupon the appellee filed this petition in equity seeking to subject to the payment of this debt, a house and lot in the town of Lebanon, at the time in the possession of Wathen, and alleged in the petition to belong to him. The petition states that the appellant W. A. Wathen, for the purpose of cheating and defrauding his creditors, had procured his stepson S. P. Marion, to borrow of Thomas Liles executor’s a considerable sum of money for the benefit of him, Wathen, and for the purpose of buying this house and lot, and that although the deed was made to Marion, it was in fact the old man’s property bought with his money, and that Marion held the title for him, until by some arrangement between them, Marion conveyed the property to Robert Wathen a son of William A. Wathen, O. P. Marion, Robert Wathen and Thomas Liles Admr., were, all made defendants to the action and called upon to assert their claims upon the property, if any they have. Liles Admr. answers and says that the executors of Lisle have resigned and that he is the administrator with the will annexed of Thomas Lisle deceased, and as such, holds a note on Robert Wathen and C. B. Marion for $2,954.88, that this note was originally executed to the executors and by them handed over to him as administrator de bonis non. C. P. Marion files his answer disclaiming any interest in the property, and alleging that the wife of Wm. A. Wathen is his mother, that her husband had become insolvent and in order to provide a home for his mother he in good faith, and not at the instance of his stepfather purchased the property; that the money borrowed by hire of Lisle’s executors was $3000 for which he executed his note; that after he purchased the property he let Robert Wathen have it, upon his agreeing to pay off to Lisle’s executors the amount of the note for the borrowed money; that Robert Wathen then executed his note' for the money to Lisle’s executors and he, Marion, became his surety thereon and the note is yet unpaid.