Legal Opinion

Mann v. Bank of Elkton

Court of Appeals of Kentucky

Decided December 3, 1898PublishedCited by 8 opinions

Case 113 — ACTION FOR USURY APPEAL FROM TODD CIRCUIT COURT. The assumption of the debt by Mimms in consideration of the conveyance of the land to him by Mann constituted a complete novation. Bouvier’s Law Diet., Title, “Novation;” Daniel on Neg. Inst., sec. 1268; Morse v. Wilcoxen, 17 Ky. Law Rep., 29. 1. Novation — What Constitutes. Anderson’s Law Dictionary, p. 716. 2. The facts in this case disclose a complete novation. Morse v. Wilcoxen, 30 S. W. R., 612 (Ky.

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Case 113 — ACTION FOR USURY APPEAL FROM TODD CIRCUIT COURT. The assumption of the debt by Mimms in consideration of the conveyance of the land to him by Mann constituted a complete novation. Bouvier’s Law Diet., Title, “Novation;” Daniel on Neg. Inst., sec. 1268; Morse v. Wilcoxen, 17 Ky. Law Rep., 29. 1. Novation — What Constitutes. Anderson’s Law Dictionary, p. 716. 2. The facts in this case disclose a complete novation. Morse v. Wilcoxen, 30 S. W. R., 612 (Ky. Case); Smith v. Young, 11 Bush, 393; Fitzpatrick v. Apperson’s Exr., 79 Ky., 272; Rudd v. Planters’ Bank, 78 Ky., 513; Am. & Eng.…

1Opinion of the Court

JUDGE PAYNTER

delivered the opinion oe the coubt.

The appellant borrowed of the appellee sums as follows: October 1, 1889, $3,263.40; March 30, 1892, $1,600; January 9, 1893, $1,553.75. He executed his promissory note for each of the sums' named. M. Mimms was surety on the $1,600 and $1,553.75 notes, each of which was secured by mortgages on certain tracts of land. The appellant became involved by reason of the fact that he had purchased a tract of land from Mimms. Mimms had a mortgage subordinate to the lien of the ax>pellee on the land to protect him in his liability as surety on the notes. %…

2Cases cited3 opinions

  1. Hill v. Cornwall & Bro.'s AssigneeCourt of Appeals of Kentucky · 1894
  2. Kendall v. CrouchCourt of Appeals of Kentucky · 1889
  3. Fitzpatrick v. Apperson's ex'xCourt of Appeals of Kentucky · 1881

3Cited by8 opinions

  1. Sugg v. SmithCourt of Appeals of Texas · 1918
  2. National Bond & Mortgage Corp. v. MahaneyTexas Supreme Court · 1935
  3. Larimore v. WestCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Blakeley v. AdamsCourt of Appeals of Kentucky · 1902
  5. Frazer v. BurnleyCourt of Appeals of Kentucky (pre-1976) · 1929

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