Brookover v. Hurst
Court of Appeals of Kentucky
CASE 63 — PETITION ORDINARY APPEAL FROM MASON CIRCUIT COURT. This was an action by ordinary proceedings brought by Brookover against Hurst to recover possession of personal property conveyed by deed of mortgage from the latter to the former. A verdict and judgment having been rendered for the defendant, Brookover appeals. The remaining facts sufficiently appear in the opinion of the court.
Read the full summary
CASE 63 — PETITION ORDINARY APPEAL FROM MASON CIRCUIT COURT. This was an action by ordinary proceedings brought by Brookover against Hurst to recover possession of personal property conveyed by deed of mortgage from the latter to the former. A verdict and judgment having been rendered for the defendant, Brookover appeals. The remaining facts sufficiently appear in the opinion of the court. The court erred in permitting proof as to Brookover’s indebtedness to Hurst in this form of action. (2 Dana, 270.) The mortgage being an executed conveyance, vested Brookover with the title, and he could…
1Opinion of the CourtChief Justice Simpson
delivered the otinion op the court:
As the appellant was the mortgagee of the property in contest, and his legal title had become absolute during the pendency of the action, by the failure of the mortgagor to comply with the conditions of the deed, he had a right to recover the possession of the property, provided he could rely upon facts occurring after the commencement of the action, to show a right of recovery.
When the action was commenced, a forfeiture of the mortgage had not taken place. The action was brought to recover the possession of a part of the mortgaged property. It was…
2Cited by5 opinions
- Sullivan v. SullivanCourt of Appeals of Kentucky · 1918
- Marksbury v. TaylorCourt of Appeals of Kentucky · 1874
- Jones' Adm'r v. JenkinsCourt of Appeals of Kentucky · 1885
- Bank of New Hanover v. AdrianSupreme Court of North Carolina · 1895
- Jones v. ThompsonCourt of Appeals of Kentucky · 1876