Legal Opinion
State Street Bank & Trust Co. of Boston v. Heck's, Inc.
Kentucky Supreme Court
Decided March 19, 1998No. 96-SC-902-DGPublishedCited by 23 opinions
1Opinion of the Court
COOPER, Justice.
The primary issue raised in this litigation is whether a valid, recorded second mortgage, acquired with actual notice of the existence of a prior equitable mortgage, takes priority over the equitable mortgage. In affirming the Whitley Circuit Court, the Court of Appeals held that it does. We hold that it does not.
Heck’s, Inc., and Heck’s Properties, Inc., (“Heck’s”) were the lessees of a 1.25 acre tract of real estate and a 2.75 acre “common parking area,” located in a shopping center *628development in Williamsburg, Whitley County, Kentucky. The lessors/fee holders were John Bill…
2Cases cited20 opinions
- Hubble v. JohnsonKentucky Supreme Court · 1992
- Bartelt Aviation, Inc. v. Dry Lake Coal Co.Court of Appeals of Kentucky · 1985
- Schram v. BurtCourt of Appeals for the Sixth Circuit · 1940
- Wides v. Wides' Ex'rCourt of Appeals of Kentucky (pre-1976) · 1944
- Consolidated Aluminum Corp. v. KriegerCourt of Appeals of Kentucky · 1986
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Rogan v. America's Wholesale LenderCourt of Appeals for the Sixth Circuit · 2004
- Select Portfolio Services, Inc. v. Burden (In Re Trujillo)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- MG Investments, Inc. v. Johnson (In Re Cocanougher)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Rogan v. Fifth Third Mortgage Co. (In Re Rowe)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- Kentucky Lottery Corp. v. StewartCourt of Appeals of Kentucky · 2001
18 more not listed; retrieve them via the Exa API.