Rives v. Brown
Court of Appeals of Kentucky
Case 103 — ASSIGNMENT, DILIGENCE APPEAL PROM BUTLER CIRCUIT COURT. It seems plain, upon equitable principles, that justice to the endorser requires the holder of the lien note to pass by the quarterly court (it having no jurisdiction to enforce the lien), and institute suit in the circuit court with the view of selling the land for the payment of the note. No brief.
1Opinion of the Court
JUDGE HINES
delivered the opinion op the court.
The only question we need consider is, whether appellant, to whom appellee assigned a note for $137.44, has pursued the maker thereof with sufficient diligence to authorize a recovery against the assignor. The amount of the note was within the jurisdiction of the quarterly court, but as the note was partially secured by lien bn land, to enforce which the quarterly court has no jurisdiction, a personal judgment ■and an enforcement of the lien at the same time could only be had in the circuit court. The note fell due in May, 1877, ■and suit was…
2Cases cited1 opinion
- Chambers v. KeeneCourt of Appeals of Kentucky · 1858
3Cited by1 opinion
- American National Bank v. SmallhouseCourt of Appeals of Kentucky · 1902