Chambers v. Keene
Court of Appeals of Kentucky
CASE 50 — PETITION EQUITY APPEAL FROM KENTON CIRCUIT COURT. There was no delay in bringing suit. It was the duty of the court to render a personal judgment as well as a judgment in rem. (Civil Code, section 406.) The judgment as rendered in this case does not amount to a personal judgment which would authorize the clerk to issue execution. (Civil Code, sec. 420.) Appellant cannot be prejudiced by the error of the court in failing to render a judgment in personam.
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CASE 50 — PETITION EQUITY APPEAL FROM KENTON CIRCUIT COURT. There was no delay in bringing suit. It was the duty of the court to render a personal judgment as well as a judgment in rem. (Civil Code, section 406.) The judgment as rendered in this case does not amount to a personal judgment which would authorize the clerk to issue execution. (Civil Code, sec. 420.) Appellant cannot be prejudiced by the error of the court in failing to render a judgment in personam. (Scott vs. Cleveland, 3 Mon., 63.) Due diligence did not require him to issue execution upon this irregular judgment. If the…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion oe the court:
Keene executed to Howk six notes, dated the 24th May, 1851, four of them for $633 71 each, payable in one, two, three, and four years, respectively; one of the remaining notes was for $10,561 90, and the other for $3,513 80, each payable four years after date. On the same day a mortgage was executed by Keene, to secure these notes, on certain real estate, for the payment of which they had been given.
All the notes, except the one last named, together with the mortgage, were assigned by Howk to Chambers, in June, 1851. In September, 1853, Chambers…
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