Legal Opinion

Ballenger v. Lester

Court of Appeals of Kentucky

Decided March 18, 1902PublishedCited by 4 opinions

Case 13 — Action to Enforce a Mortgage Lien. APPEAL FROM RUSSELL CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The questions for the consideration of this court are: 1. Plea of no consideration.

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Case 13 — Action to Enforce a Mortgage Lien. APPEAL FROM RUSSELL CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The questions for the consideration of this court are: 1. Plea of no consideration. Appellant says in his answer that no promise of a mortgage- or security, entered into the creation of the debt sued on, no-new or additional consideration is coupled with the old debt to support the mortgage.' The mortgage is an executory agreement, and to be enforceable ought to be supported by a present consideration, that is a present advantage to appellant or a present detriment to…

1Opinion of the Court

Opinion op the court by

CHIEF JUSTICE GUFFY

Reversing.

The appellee sought in this action to recover judgment against the appellant for the sum of $203, with interest from 23d September, 1897, subject to a credit of $3.75 November 19, 1897, and also asserted a mortgage lien upon a certain tract of land in Russell county to secure the payment of said judgment. The mortgage purported to be executed simultaneously with the note, and signed and acknowledged by the appellant and his wife, Parmelia V. Ballinger. The answer of appellant to the petition of the appellee may be considered as containing…

2Cases cited2 opinions

  1. Hensey v. Hensey's Adm'rCourt of Appeals of Kentucky · 1891
  2. Reed v. HarrodCourt of Appeals of Kentucky · 1802

3Cited by4 opinions

  1. Priddy v. TaborCourt of Appeals of Texas · 1916
  2. Shaw v. WoodruffTennessee Supreme Court · 1928
  3. Mattingly's Admr. v. HazelCourt of Appeals of Kentucky · 1904
  4. Conrad v. MartinCourt of Appeals of Kentucky (pre-1976) · 1925

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