Ashbrook v. Roberts
Court of Appeals of Kentucky
Case 49 — VENDOR’S LIEN APPEAL FROM HARRISON CHANCERY COURT. 1. It can not be questioned that the note assigned by Day to appellant was- and is a lien upon the land conveyed by Day to appellee, Roberts. 2. Appellant.
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Case 49 — VENDOR’S LIEN APPEAL FROM HARRISON CHANCERY COURT. 1. It can not be questioned that the note assigned by Day to appellant was- and is a lien upon the land conveyed by Day to appellee, Roberts. 2. Appellant. Aslibrook, was, as is clearly shown, no party in any way to revising the lion. 3. To adjudge otherwise would be to say that the rights of appellant are not in his own keeping, but in the hands of his assignor and Roberts; that an admitted right, well secured, is to be destroyed without the-knowledge or consent of appellant. 1. No lien is retained in the conveyance from Day to…
1Opinion of the Court
JUDGE HOLT
delivered the opihion oe the court.
On April 12, 1869, A. Day sold to the appellee,. Henry Roberts, by executory contract, sixty acres of' land for $3,300, all of which was then paid save $1,650;. and for this last-named sum the latter then executed to-said Day a note payable on April 1, 1870, which the-latter assigned to the appellant, Ashbrook, on April 17,. 1869.
Henry Roberts, as guardian, was indebted to his son, W. S. Roberts; and in order to pay him he, on September 20, 1870, sold him the land, the price exceeding-the said indebtedness by $498.83 ; and for this sum the son then…
2Cases cited1 opinion
- Summers v. KilgusCourt of Appeals of Kentucky · 1879
3Cited by4 opinions
- Moore v. HarrodCourt of Appeals of Kentucky · 1897
- Horton v. HortonCourt of Appeals of Kentucky (pre-1976) · 1936
- F. T. Justice & Co. v. RogersCourt of Appeals of Kentucky · 1919
- National Surety Co. v. ArterburnCourt of Appeals of Kentucky · 1901