Legal Opinion

Blakeley v. Adams

Court of Appeals of Kentucky

Decided May 21, 1902No. Case No. 1PublishedCited by 11 opinions

Case 52 — Action by John C. Adams against Hettie Blakeley and W. H. Blakeley to Enforce a Lien on Land. appeal from warren circuit court. Judgment for Plaintiff and Defendants Appeal. POINTS AND AUTHORITIES. ■The clauses relied on in the deed from Hazelip to Hettie S. Blakeley do not constitute a mortgage or lien from her to Adams on the Dishman Mill property.

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Case 52 — Action by John C. Adams against Hettie Blakeley and W. H. Blakeley to Enforce a Lien on Land. appeal from warren circuit court. Judgment for Plaintiff and Defendants Appeal. POINTS AND AUTHORITIES. ■The clauses relied on in the deed from Hazelip to Hettie S. Blakeley do not constitute a mortgage or lien from her to Adams on the Dishman Mill property. Kentucky Statutes, secs. 505 to 509 and 2127 and 2128; Bohannon v. Travis, 94 Ky., 59; Brady v. Gray, 81 Ky., 58; Kennedy v. Ten Broeck, 74 Ky., 241; Sharp's Admr. v. Proctor’s Admr., 68 Ky., 397; Miller, etc. v. Sanders, 98 Ky., 537;…

1Opinion of the Court

Opinion or the court bt

JUDGE BURNAM

Affirmins.

On tbe 2d day of February, 1895, Z. T. an/d Thomas Haze-lip conveyed by general warranty deed to Hettie S. Blakeley, *394in consideration of $4, 500 paid in the transfer of other real estate, a tract of 25 acres of land near Bowling Green, Ky., known as the “Dishman Mill Property,” on which were located a dwelling house, mill and other improvements. This dead contained the following reservation: “It is herein expressly provided, howevep, that whereas, John C. Adams is now the surety for Hettie S. Blakeley, and W. H. Blakeley, her husband, for sundry…

2Cases cited5 opinions

  1. Paducah Lumber Co. v. Paducah Water Supply Co.Court of Appeals of Kentucky · 1889
  2. Hall v. Scott's Adm'rCourt of Appeals of Kentucky · 1890
  3. Allen v. ThomasCourt of Appeals of Kentucky · 1860
  4. Mize v. BarnesCourt of Appeals of Kentucky · 1880
  5. Smith v. LewisCourt of Appeals of Kentucky · 1842

3Cited by11 opinions

  1. Chesapeake & Ohio Railway Co. v. Wadsworth Electric Manufacturing Co.Court of Appeals of Kentucky (pre-1976) · 1930
  2. Cumberland Tel'p & Tel'g Co. v. Cartwright Tel'p Co.Court of Appeals of Kentucky · 1908
  3. North Western Mut. L. Ins. Co. v. EddlemanCourt of Appeals of Kentucky (pre-1976) · 1932
  4. First National Bank v. DohertyCourt of Appeals of Kentucky · 1913
  5. Bryant v. JonesCourt of Appeals of Kentucky · 1919

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