Legal Opinion

Pearce v. Hall

Court of Appeals of Kentucky

Decided April 3, 1876PublishedCited by 7 opinions

Case 45 — PETITION EQUITY APPEAL PROM SCOTT CIRCUIT COURT. CITED 6 B. Mon. 6, Tharp v. Feltz. 11 Bush, 669, Hearn, Lee & Pinckard v. Lander, &c.

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Case 45 — PETITION EQUITY APPEAL PROM SCOTT CIRCUIT COURT. CITED 6 B. Mon. 6, Tharp v. Feltz. 11 Bush, 669, Hearn, Lee & Pinckard v. Lander, &c. CITED Revised Statutes, sec. 5, art. 1, Stanton, p. 138. Hobart’s Reports, pp. 131-6, Boston Edition, 1829. Sugden on Vendors, page 471. 4 J. J. Mar. 465, Miles, &c. v. Bacon, &c. 7 Cranch, 34, Shirras v. Caig. 8 B. Mon. 291, Burdett v. Clay. 1 Story’s Equity, page 444. 4 Bouvier’s Institutes, page 191. 6 B. Mon. 258, Reinhard v. Bank of Kentucky. 4 Dana, 258, Morton v. Robards. 4 Dana, 260. 15 Johnson, 570. 1 Atkyns, 160. 3 Atkyns, 646. 6 B. Mon.…

1Opinion of the Court

JUDGE LINDSAY

delivered the opinion oe the court.

Appellants, Pearce, Tolle & Holton, sued out an order of attachment, and on the 21st day of April, 1875, caused it to be levied on two tracts of land in Scott County, to which they allege in their petition their debtor, Geo. E. Johnson, holds the equitable title. They admit that Newcomb holds a mortgage on said lands, and they ask that he be compelled to enforce his lien. They also state that on the 28th of August, 1874, these lands were attempted to be mortgaged to the appellees, Hall & Offut, and they ask that said last-named parties be…

2Cases cited2 opinions

  1. Shouse v. UtterbackCourt of Appeals of Kentucky · 1859
  2. Long v. BurkeCourt of Appeals of Kentucky · 1867

3Cited by7 opinions

  1. Cin. Leaf Tob. Warehouse v. CombsCourt of Appeals of Kentucky · 1900
  2. Battenhausen v. BullockAppellate Court of Illinois · 1882
  3. Hauseman Motor Company v. NapierellaCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Miller Supply Co. v. Louisa Water Co's AssigneeCourt of Appeals of Kentucky · 1908
  5. Sparks v. Deposit BankCourt of Appeals of Kentucky · 1903

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