Legal Opinion

Potter v. Skiles

Court of Appeals of Kentucky

Decided November 13, 1902PublishedCited by 5 opinions

Case 17 — Attachment Proceedings by Potter, Matlock & Co. against C. C. Smith in which Garnishee Process is Served on L. H. Skiles and in which Other Creditors of Smith Set Up Claims. — November i3. APPEAL FROM WARREN CIRCUIT COURT. Prom a Judgment in Favor of Skiles Certain Creditors Appeal. POINTS AND AUTHORITIES.

Read the full summary

Case 17 — Attachment Proceedings by Potter, Matlock & Co. against C. C. Smith in which Garnishee Process is Served on L. H. Skiles and in which Other Creditors of Smith Set Up Claims. — November i3. APPEAL FROM WARREN CIRCUIT COURT. Prom a Judgment in Favor of Skiles Certain Creditors Appeal. POINTS AND AUTHORITIES. T. Neither Potter nor the Warren deposit bank acquired a lien under the execution, or attachment upon the second equity of redemption, because it is not made liable by statute to levy or sale. Section 16S6, Kentucky Statutes. 2. The execution in favor of J. H. Smith was .prior in…

1Opinion of the Court

Opinion of the Court by

JUDGE DuRELRE

— Affirming.

In 1897 appellee C. C. Smith was (•lie owner of a tract of 147 acres of land in Warren county, upon which lie resided, with his family, and which was mortgaged to Mrs. Payne for $2,009. Potter, Matlock & Co., bankers, obtained a judgment against Smith for $750, the execution for which was levied upon this land, and the ianid sold by the sheriff, subject to Mrs. Payne’s mortgage, the execution plaintiffs becoming the purchasers for $508. Afterwards Mrs. Payne brought suit to enforce her mortgage lien for $2,000 and interest, making Potter,…

2Cases cited2 opinions

  1. Harvey v. SpauldingSupreme Court of Iowa · 1864
  2. Bethel v. SmithCourt of Appeals of Kentucky · 1885

3Cited by5 opinions

  1. Miller v. WheelerCourt of Appeals of Kentucky · 1912
  2. Metcalf v. Phoenix Title & Trust Co.Arizona Supreme Court · 1927
  3. United States v. WoodDistrict Court, W.D. Kentucky · 1987
  4. Pinson v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1941
  5. Town Branch Storage, Inc. v. CommonwealthCourt of Appeals of Kentucky · 1999

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API