McGrath v. Kirkland

Opinion by

Judge Pryor :

The facts of this case bring it directly within the rule established by this court in the case of Pack v. Carder, 4 Bush 121, and in Green v. Cummins, 14 Bush 174. In the latter case the identical question is settled. When Kirkland assigned these notes to McGrath it was in payment of the land purchased, and although a lien might have been retained in express words it was obligatory on the assignee to prosecute the obligor to insolvency before he could enforce his lien. He will not be allowed to hold the notes because he has a lien. He agreed, in effect, when he took…