Fishback v. Green
Court of Appeals of Kentucky
Case 19 — PETITION EQUITY APPEALS PROM GRANT CIRCUIT COURT. 1. In a proceeding to distribute a debtor’s estate on the ground of insol. vency, the court has no'jurisdiction, on the cross-petition of a creditor living in another county, to enforce a mortgage lien to decree the sale of land lying in that other county.
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Case 19 — PETITION EQUITY APPEALS PROM GRANT CIRCUIT COURT. 1. In a proceeding to distribute a debtor’s estate on the ground of insol. vency, the court has no'jurisdiction, on the cross-petition of a creditor living in another county, to enforce a mortgage lien to decree the sale of land lying in that other county. (Civil Code, sections 62, 65, 66, 70; “Webb v. “Wright, 1 Bush, 107.) 2. On the death of the plaintiff in an action an order of revivor must be served upon the defendant as a summons is directed to be served, or judgment subsequently rendered will be void. (Amyx v. Smith’s…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
A creditor of J. H. Fisliback, by an action in proper form in the Grant Circuit Court, sought to have certain acts and transfers of the debtor declared to operate as an assignment of all his estate for the benefit of his creditors, under section 1, article 2, chapter 44,, of the General Statutes, commonly known as the act of 1856. The effort was successful. A creditor holding a lien upon a tract of land in Kenton county was made a defendant. He asserted it by proper pleading, and among other relief afforded in the action, this land was ordered to…
2Cases cited2 opinions
- Green v. BallCourt of Appeals of Kentucky · 1868
- Miller's heirs v. AntleCourt of Appeals of Kentucky · 1867
3Cited by17 opinions
- Reddick v. United States Building & Loan Association's AssigneeCourt of Appeals of Kentucky · 1899
- Doty v. Deposit Building & Loan Ass'nCourt of Appeals of Kentucky · 1898
- Taylor v. Harris' AdministratorCourt of Appeals of Kentucky · 1915
- Wiedemann v. CrawfordCourt of Appeals of Kentucky · 1911
- Huff v. ByersCourt of Appeals of Kentucky (pre-1976) · 1925
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