Sparks v. Deposit Bank
Court of Appeals of Kentucky
Case 55 — 'Action by Deposit Bank of Paris and Others against James Dundon to Enforce a .Mortgage Lien on Cattles, in. which Edward Sparks Intervenes. APPEAL FROM-HARRISON CIRCUIT COURT. Judgment for Plaintiff and Sparks Appeals. AUTHORITIES. Mis-desoription.
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Case 55 — 'Action by Deposit Bank of Paris and Others against James Dundon to Enforce a .Mortgage Lien on Cattles, in. which Edward Sparks Intervenes. APPEAL FROM-HARRISON CIRCUIT COURT. Judgment for Plaintiff and Sparks Appeals. AUTHORITIES. Mis-desoription. Bowman v. Roberts, 58 Miss., 126. 1. “A, mortgage of a specified number of articles out of a larger number is void [or uncertainty, when the, particular articles intended to be conveyed are not separated or designated in any way so that they can be separated from others of the> same hind.” Kelly v. Reid, 57 Miss., 89; iStonybraker v.…
1Opinion of the Court
Opinion of the court by
JUDGE SETTLE
'Affirming.
Appellee sued James Dundon in the Harrison circuit court on a note of $715 of date October 8, 1900, due 12 months after date, and bearing 7 per cent, interest *464from date until paid. The note was secured by a mortgage of the same date on “thirty-six head of yearling cattle on the farm of Leonard Drane, said farm being now occupied by said Dundon near Lair Station, Harrison county, Ky.” The mortgage was properly acknowledged by Dundon, and soon thereafter duly recorded in the office of the clerk of the Harrison county court. In the action appellee…
2Cases cited7 opinions
- Wofford v. McKinnaTexas Supreme Court · 1859
- Parsons Savings Bank v. SargentSupreme Court of Kansas · 1878
- Oxsheer v. WattTexas Supreme Court · 1897
- Pearce v. HallCourt of Appeals of Kentucky · 1876
- John S. Brittain Dry Goods Co. v. BlanchardSupreme Court of Kansas · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
- In Re DraneDistrict Court, W.D. Kentucky · 1962
- Hauseman Motor Company v. NapierellaCourt of Appeals of Kentucky (pre-1976) · 1928
- In Re AnselmDistrict Court, W.D. Kentucky · 1972
- Houssels v. Coe HamptonCourt of Appeals of Texas · 1913
1 more not listed; retrieve them via the Exa API.