Legal Opinion

Greer v. Church & Co.

Court of Appeals of Kentucky

Decided November 19, 1877PublishedCited by 21 opinions

Case 44 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. , 1. In order to create a lien for the purchase-price of a chattel, as ■against a purchaser without notice, there must be a conveyance or mortgage to that effect, acknowledged and lodged for record as prescribed by the statute.

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Case 44 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. , 1. In order to create a lien for the purchase-price of a chattel, as ■against a purchaser without notice, there must be a conveyance or mortgage to that effect, acknowledged and lodged for record as prescribed by the statute. (Vaughn v. Hopson, 10 Bush, 337.) 2. In this case the transaction was evidently a sale, and the device of a lease was resorted to to evade the registration laws of this state.. 3. The provision of the Civil Code, requiring a party suing out an order of delivery to make affidavit that his cause of action has…

1Opinion of the Court

JUDGE CO FEB

delivered the opinion or the court.

January, 1876, the appellees brought this suit in the Kenton Circuit Court against the appellant for the recovery of one , Behring & Klix piano, No. 4,617, alleging that they were the owners thereof, and that it was in'the possession of the appellant, who unlawfully and without right detained it from their possession.

The appellant admitted the piano was in his possession, but denied that the appellees were the owners, or entitled to the possession.

On the trial the appellees, to prove title in themselves, read to the jury the following contract,…

2Cases cited1 opinion

  1. Vaughn v. HopsonCourt of Appeals of Kentucky · 1874

3Cited by21 opinions

  1. Union Stock-Yards & Transit Co. v. Western Land & Cattle Co.Court of Appeals for the Seventh Circuit · 1893
  2. Wender Blue Gem Coal Co. v. Louisville Property Co.Court of Appeals of Kentucky · 1910
  3. Baldwin & Co. v. CrowCourt of Appeals of Kentucky · 1888
  4. In re DuckerCourt of Appeals for the Sixth Circuit · 1905
  5. Wicks Bros. v. McConnellCourt of Appeals of Kentucky · 1897

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