Potter v. Skiles
Court of Appeals of Kentucky
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.
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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
- Harvey v. SpauldingSupreme Court of Iowa · 1864
- Bethel v. SmithCourt of Appeals of Kentucky · 1885
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