Hearn v. Lander
Court of Appeals of Kentucky
Case 23 — PETITION EQUITY APPEAL FROM FLEMING CIRCUIT COURT. CITED 11 Bush, 556, Kimbrough v. Lane, &c. MS. Opinion, Gillispie and wife v. Moon. Story on Bailment, chap. 5,‘sec. 302, p. 315. Ib. 333, Hamilton v. Wagner.
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Case 23 — PETITION EQUITY APPEAL FROM FLEMING CIRCUIT COURT. CITED 11 Bush, 556, Kimbrough v. Lane, &c. MS. Opinion, Gillispie and wife v. Moon. Story on Bailment, chap. 5,‘sec. 302, p. 315. Ib. 333, Hamilton v. Wagner. Story on Bailment, chap. 5, sec. 297. Civil Code of Practice, sec. 120. 9 Da. 317, Norris v. Norris’s adm’r 1 Metcalf, 668, Brookover v. Hurst. 6 Da. 265, Harrison & Co. v. Campbell. 4 B. M. 430, -Bank of U. S. v. Huth. 1 Story’s Equity Jurisp., chap. 5, sec. 157. 2 Johnson’s Ch. Reps. 524, Lyman v. The United Ins. Co. 2 Bibb, 246, Garten and wife v. Chandler. 2 Kent’s Com.,…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
John Mullaney brought suit against John O’Sullivan and wife to obtain a judgment to sell thirty-two barrels of whisky alleged to have been mortgaged to the plaintiff by them to secure a note for $967.85, bearing date May 1, 1873, and due eight months after date.
The mortgage bears date April 30, 1873, and purports to convey to Mullaney thirty-two barrels of whisky belonging to Mrs. O’Sullivan to secure a debt of $3,000 owing by her to him, and for which she, together with her husband, simultaneously with the execution of the mortgage, had executed…
2Cited by5 opinions
- Adkins v. Carol Mining Co.Court of Appeals of Kentucky (pre-1976) · 1940
- Wildharber v. LunkenheimerCourt of Appeals of Kentucky · 1908
- Miller's v. People's BankCourt of Appeals of Kentucky (pre-1976) · 1931
- Hercules Equipment Co. v. SmithSupreme Court of Colorado · 1959
- Hercules Equipment Co. v. SmithSupreme Court of Colorado · 1959