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PERGREM v. SMITH

255 S.W.2d 42 (1953)

PERGREM et al. v. SMITH.

Court of Appeals of Kentucky.

February 13, 1953.

Attorney(s) appearing for the Case

Sanders & Hyden, Pikeville, for appellants.

Kenneth A. Howe, J. A. Runyon, Pikeville, for appellee.

STEWART, Justice.

This appeal seeks to reverse a judgment declaring void and setting aside as fraudulent a sale of a Packard sedan by appellant, Dr. C. B. Pergrem, to appellant, Martha Combs, and sustaining an attachment levied on the sedan by appellee, Scott Smith.

Appellants contend, first, the cause of action is barred because appellee did not institute proceedings to set aside the transfer of the automobile within...

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