Levis & Broxholm v. Zinn
Court of Appeals of Kentucky
Case 107 — PETITION EQUITY APPEAL PROM GRANT CIRCUIT COURT. Where the facts are such as to show that at the time of making the mortgage, preferring one creditor to others, the debtor must have known he was insolvent, the mortgage will be within the statute.
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Case 107 — PETITION EQUITY APPEAL PROM GRANT CIRCUIT COURT. Where the facts are such as to show that at the time of making the mortgage, preferring one creditor to others, the debtor must have known he was insolvent, the mortgage will be within the statute. (Whitaker v. Garnett, 3 Bush, 402; Terrell, &c., v. Jennings, 1 Met., 450; Thompson, &c., V. Heffner’s Ex’or, 11 Bush, 359; Taylor’s Adm’r v. Taylor, &c., 78 Ky., 470; Hoffman v. Brungs, &c., 83 Ky., 400; Vincent, Gobel & Prichard v. McAlpin & Co., 87 Ky., 357: First National Bank, &c., v. Walker, &c., 9 Ky. Law Rep., 999; Citizens Nat.…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion of the court.
*629P. T. Zinn being indebted to W. G. Cram the sum of $2,000, then past due, an agreement was made between them and carried out February 2, 1891, for the latter to assume payment of $3,100 due by the former to one Sexton, and for Zinn to simultaneously execute to Cram a mortgage on two adjacent parcels of land, one of three and the other of fourteen and one-half acres, then occupied by him and his family as a homestead, to secure payment of $5,700 — aggregate amount of the two debts.
February 21, 1891, Zinn made to J. T. Scott a deed conveying all his…
2Cases cited2 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Thompson v. Heffner's executorsCourt of Appeals of Kentucky · 1875
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- Fairbanks, Morse & Co. v. Madisonville Savings BankCourt of Appeals of Kentucky · 1910
- Mainous v. Brown Shoe Company, Inc.Court of Appeals of Kentucky (pre-1976) · 1927
- Finan v. Finan's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1933
- Wilson, Sheriff v. CooperCourt of Appeals of Kentucky (pre-1976) · 1926
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