" In many cases we have held the term "et al." following the name of a party in a statement of appeal does not have the effect of presenting an appeal against the other party. A few such cases are Perry v. Bailey, 290 Ky. 129, 160 S.W.2d 617; Tandy v. Wolfe, 270 Ky. 556, 110 S.W.2d 277; Bard v. Board of Drainage Com'rs of Hickman County, 274 Ky. 491, 118 S.W.2d 1013; Crittenden v. Rogers, 278 Ky. 481, 128 S.W.2d 942; Kramer v. Kramer, 280 Ky. 189, 132 S.W.2d 955. It was held in Com. ex rel. Curlin v. Moyers, Ky., 280 S.W.2d 513, it was not necessary for appellants in a condemnation proceeding to file in the circuit court the exceptions they had filed in the county court to the commissioners' award, although KRS 177.087 required it. The reason given in the Moyers opinion is that the record in the county court which contained these exceptions would be filed in the circuit court, and to require them to be filed on the taking of the appeal would be a supertechnicality.

following Bailey's name does not have the effect of presenting an appeal against other parties than Bailey. Section 739, Civil Code of Practice; Tandy v. Wolfe, 270 Ky. 556, 110 S.W.2d 277. Inasmuch as this was a suit to have sold real estate in which Perry's wife had an undivided one-seventh interest as an heir after the mortgage lien should be satisfied, it was necessary that her husband be made a party in order to divest him of his inchoate right, the same being a life estate in one-third of his wife's one-seventh interest.

The body contains no names or references. See Commonwealth v. Columbia Trust Co., 162 Ky. 825, 173 S.W. 386; Tandy v. Wolfe, 270 Ky. 556, 110 S.W.2d 277; Land v. Salem Bank, 279 Ky. 449, 130 S.W.2d 818; (b) it does not state the page of the record on which the judgment may be found; (c) it does not disclose whether summons or other process should be issued. (3) Robert Kramer, mentioned in the caption of the motion and of the statement of appeal as appellee, is not before the court either by service of process or voluntary appearance.

This court in construing Section 739 of the Civil Code of Practice relating to the statement of appeal has without exception held that unless a party to an action is specifically mentioned in the statement either as appellant or appellee he is not a party to the appeal. See Tandy et al. v. Wolfe, 270 Ky. 556, 110 S.W.2d 277, and authorities therein cited. At no time since the motion to dismiss the appeal was entered has the appellant filed or tendered or offered to file an amended statement of appeal although attention was again called to the motion and the grounds upon which it was made when the petition for rehearing was filed.

Plaintiff argues it was incumbent upon defendant to plead the two deeds executed to defendant were fraudulent, and not having done so, no evidence was admissible to show these conveyances were fraudulent. It is true an affirmative defense must be pleaded and where defendant fails to do so, he cannot complain when a court refuses to admit evidence on such defense. Transylvania Casualty Insurance Company v. Paritz, 184 Ky. 807, 213 S.W. 195; Tandy et al. v. Wolfe, 270 Ky. 556, 110 S.W.2d 277. But it does not take an affirmative defense to defeat plaintiff because the fraud he attempted to perpetrate on his creditor by conveying these properties to his son deprives him of any standing in a court of equity. By his own iniquitous acts the plaintiff has pitched himself into the mire and he cannot now call upon the clean hand of equity to extricate him.

We have a number of cases supporting this rule. See: Castleman v. Homes, 23 Ky. 591, 7 T. B. Mon. 591; Barnett's Trustee v. Feichheimer, 5 Ky. Law Rep. 183; Tandy v. Wolfe, 270 Ky. 556, 110 S.W.2d 277; and the numerous Kentucky cases cited in footnotes of 3 C. J. and 4 C. J. Our practice requires very little pleading on the part of an appellant in taking an appeal, but by Sec. 739 of the Civil Code of Practice he must name all the appellants and all the appellees in the statement and that means name them specifically. Since Earl Bard's name was not given in this statement, he is not appealing.