Legal Opinion

Davis v. H. Feltman Co.

Court of Appeals of Kentucky

Decided December 11, 1901PublishedCited by 4 opinions

Case 28 — Action to have a Mortgage Declared to Operate as AN Assignment for the Benefit of Creditors — APPEAL FROM MASON CIRCUIT COURT. Judgment Distributing ti-ie Debtor’s Estate and James Davis and others Appeal. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES CITED. • (1) One absent and not consenting can not be bound by an agreed order.

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Case 28 — Action to have a Mortgage Declared to Operate as AN Assignment for the Benefit of Creditors — APPEAL FROM MASON CIRCUIT COURT. Judgment Distributing ti-ie Debtor’s Estate and James Davis and others Appeal. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES CITED. • (1) One absent and not consenting can not be bound by an agreed order. Blight’s Heirs v. Bank, etc., 6 Mon., 225. (2) If the debtor has acquired the right to homestead, the loss of his family will not deprive him of it. Ellis v. Davis, 90th Ky., 183; Stultz v. Sale, 92d Ky., 5; Thompson on Homesteads, 72. (3) The…

1Opinion of the Court

Opinion of ti-ie court by

JUDGE BURNAM —

Reversing.

On the 25tk of September, 1890, James Davis executed a mortgage to the firm of Walker & Sengstak upon a tract of 431. acres of land owned by him in Mason county, Ky., and on certain tobacco in the warehouse in Cincinnati, Ohio, to secure an indebtedness to them of $16,000. This mortgage contained no reservation of homestead, but, in terms, conveyed all the right, title, and interest of Davis therein. On the 1st of October following* the execution of the mortgage, Davis made a general assignment of all his property to Thomas Wells for the…

2Cases cited5 opinions

  1. Ellis v. DavisCourt of Appeals of Kentucky · 1890
  2. Kuevan v. SpeckerCourt of Appeals of Kentucky · 1875
  3. Stults v. SaleCourt of Appeals of Kentucky · 1891
  4. Allen's Sons v. Dillingham's AssigneeCourt of Appeals of Kentucky · 1898
  5. Gideon, Burton & Co. v. StruveCourt of Appeals of Kentucky · 1879

3Cited by4 opinions

  1. Louisville & Nashville R. R. v. ScompCourt of Appeals of Kentucky · 1907
  2. In Re GrisantiDistrict Court, W.D. Kentucky · 1945
  3. Mainous v. Brown Shoe Company, Inc.Court of Appeals of Kentucky (pre-1976) · 1927
  4. Tewmey v. Tewmey's AssigneeCourt of Appeals of Kentucky (pre-1976) · 1933

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