Darnell & Son v. Lewis
Court of Appeals of Kentucky
Case 79 — PETITION EQUITY — Rrief withdrawn. A mortgage executed pursuant to a contract made at the time the debt was created is not a preference. (Brooks, Waterfield & Co. v. Sta-ton’s adm’r, 79 By., 174; Zaxing v. Cox, 78 By., 527; Newby & Taylor v. Million, 2 Met.,(530; Grover v. Smith, 5 By. Law Bep., 250.) The case of McCutcheon v. Caldwell, 90 By., 249, distinguished.
1Opinion of the Court
•CHIEF JUSTICE BENNETT
delivered the opinion op the court.
The Cornell Wind. Engine and Pnmp Company made a general assignment for the benefit of creditors. The lower court adjusted all the questions of attachments, priority of liens, &c., and all the parties are satisfied with the court’s adjustment except its action in sustaining the appellee’s mortgage, dated the 18th of October, 1890, upon the company’s property, given by the company to secure a loan of four thousand three hundred dollars made by her to the company. The appellee loaned to the said company seven hundred and fifty dollars the…
2Cases cited2 opinions
- Brooks, Waterfield & Co. v. Staton's adm'rCourt of Appeals of Kentucky · 1880
- McCutcheon & Co. v. Caldwell & SonCourt of Appeals of Kentucky · 1890
3Cited by2 opinions
- Feely v. BryanWest Virginia Supreme Court · 1904
- H. B. Rice & Co. v. Miners' Elkhorn Coal Co.Court of Appeals of Kentucky (pre-1976) · 1930