Bitzer v. Mercke
Court of Appeals of Kentucky
Case 35 — Action to Enforce a Mortgage Lien on Real Estate— APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Defendants and Plaintiffs Appeal.
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Case 35 — Action to Enforce a Mortgage Lien on Real Estate— APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Defendants and Plaintiffs Appeal. POINTS AND AUTHORITIES. 1 The judgment in the old case, No. . 12213, Mercke v. Meisger and Gleason, did not operate as an estoppel against John R. Gleason or bar him from assenting his claim as against Mrs. Mercke, because the petition in that case admitted the priority of the Gleason claim and presented no “controversy” between the parties and left no “issue” to be tried. Strobe v. Downer, 13 Wisconsin, pp. 10-17; Spoors v. Coen,…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Affirming.
On September á, 1894, an apportionment warrant for $140.52 was issued by the city of Louisville in favor of John R. Gleason for the original construction of a portion of Locust street, in front of a 'lot then owned by Matilda Scfonell, now Matilda Meisger. The warrant was. on the same day assigned by Gleason to Peter Bitzer.. Mary M. Mercke had at the time a mortgage lieni on the property to secure a note of $300. On October 10, 1896,. she filed her petition in the Jefferson circuit court for the foreclosure of the mortgage, and made Gleason a…
2Cases cited10 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Cheatham v. WhitmanCourt of Appeals of Kentucky · 1888
- Strobe v. DownerWisconsin Supreme Court · 1860
- Tong v. EifortCourt of Appeals of Kentucky · 1882
- Kimbrough v. HarbettCourt of Appeals of Kentucky · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Chivers v. Board of Com'rs of Johnston CountySupreme Court of Oklahoma · 1916
- Willis v. TomesCourt of Appeals of Kentucky · 1911
- Lorton v. AshbrookCourt of Appeals of Kentucky (pre-1976) · 1927
- George v. FordCourt of Appeals of Kentucky · 1919
9 more not listed; retrieve them via the Exa API.