United Loan & Dep. Bank v. Bitzer
Court of Appeals of Kentucky
Case 50 — Action by the United Loan & Deposit Bank op CampBELLSVILLE AGAINST PETER BlTZER AND OTHERS TO ENFORCE A ■Mortgage Lien. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendant, Bitzer, and Plaintiff Appeals.
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Case 50 — Action by the United Loan & Deposit Bank op CampBELLSVILLE AGAINST PETER BlTZER AND OTHERS TO ENFORCE A ■Mortgage Lien. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendant, Bitzer, and Plaintiff Appeals. POINTS AND AUTHORITIES. 1. An apportionment warrant in favor of M. Gleason against M. Gleason, and which gives M. Gleason a lien against the property of M. Gleason, is a nullity, since a person can not ■owe himself and can not have a lien in his own favor against his own property to secure a debt owing from himself to himself. Rapalje and Lawrence Law…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Reversing.
On July 18, 1892, Micheál Gleason executed to John I. Galloway bis note for $2,000, and a mortgage to secure it on some lots on Floyd street, in tbe city of Louisville. Tbe note and mortgage were assigned by Calloway to appellant, itbe United Loan & Deposit Bank, wbo filed this suit to enforce its lien. Peter Bitzer was made a defendant to tbe action, and set up tbe fact that Michael Gleason in tbe year 1893 made a contract with tbe city of Louisville for the improvement of Floyd street between tbe center line of ¡Magnolia avenue and tbe center…
2Cases cited5 opinions
- Logan County National Bank v. BarclayCourt of Appeals of Kentucky · 1898
- Allin v. Shadburne'sCourt of Appeals of Kentucky · 1833
- Thompson's Adm'r v. GeorgeCourt of Appeals of Kentucky · 1887
- Morrison v. Stockwell's AdministratorCourt of Appeals of Kentucky · 1839
- Ryan v. DoyleCourt of Appeals of Kentucky · 1881
3Cited by4 opinions
- Omega Healthcare Investors, Inc. v. Res-Care, Inc.Court of Appeals for the Seventh Circuit · 2007
- City Nat'l Bank of Paducah v. Ex. Bank MayfieldCourt of Appeals of Kentucky (pre-1976) · 1934
- Roberts' Trustee v. TerryCourt of Appeals of Kentucky · 1914
- Omega Healthcare Inv v. Res-Care IncCourt of Appeals for the Seventh Circuit · 2007