October 5, 2012

W. P. Hyatt's Admr. v. A. Chestnut et al., Rockcastle, 1869

W. P. Hyatt's Admr. v. A. Chestnut et al.

COURT OF APPEALS OF KENTUCKY

3 Ky. Op. 174; 1869 Ky. LEXIS 332

July 6, 1869, Decided

PRIOR HISTORY:   [*1]  APPEAL FROM ROCKCASTLE CIRCUIT COURT.

DISPOSITION: Judgment reversed and cause remanded.

COUNSEL: Carter, for appellant.

Kirtley, for appellees.

JUDGES: Judge Robertson.

OPINION BY: Robertson

OPINION

Opinion of the Court by Judge Robertson:

Chestnut's object was evidently to defeat the impending attachment. He made the assignment only a few hours after he had knowledged of the lis mote, in the absence and without the knowledge of the assignee, who was well secured.

And the summons was served before the assignee, by delivery, acceptance or otherwise, had acquired any vested interest in the money attached. The attachment, therefore, has priority.

Wherefore, the circuit court erred in adjudging the money to Purcell instead of the appellant.

The judgment is, therefore, reversed, and the cause remanded for the judgment herein indicated as proper.

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