Righter v. Forrester
Court of Appeals of Kentucky
CASE 75 — PETITION EQUITY APPEAL FROM BOURBON CIRCUIT COURT. CITED— 2 Met., 333. CITED— Rev. Stat., secs. 10-11-12. 1 Rev. Stat., page 280. Lit. Select Cases, 358; Campbell vs. Moseby. 3 Dana, 547; Chinn vs. Butts. 17 B. M., 630; Forepat vs. Appold.
1Dissent
JUDGE WILLIAMS
dissenting from the opinion of the majority of THE COURT, DELIVERED THE FOLLOWING OPINION:
I cannot concur in that part of the opinion which gives to the mortgagee in an unrecorded mortgage a priority over the purchaser of the land at execution sale, in which the creditor obtained his execution and had the land levied on prior to the recording of the mortgage, in the county where the land was situated, and in the absence of any actual notice to him.
Our laws give a lien to the execution creditor from the time his execution is placed in the hands of the proper officer, which, on a…
2Cases cited4 opinions
- Helm v. Logan's heirsCourt of Appeals of Kentucky · 1815
- Morton v. RobardsCourt of Appeals of Kentucky · 1836
- Halley v. OldhamCourt of Appeals of Kentucky · 1844
- Chinn v. ButtsCourt of Appeals of Kentucky · 1835