Hart v. Hayden
Court of Appeals of Kentucky
Case 71 — EQUITY APPEAL FROM LINCOLN CIRCUIT COURT. 1. Appellant was not, as to appellee Hayden, a pendente lite purchaser,. as Hayden had not filed his cross-petition at the time her mortgage • was executed.
Read the full summary
Case 71 — EQUITY APPEAL FROM LINCOLN CIRCUIT COURT. 1. Appellant was not, as to appellee Hayden, a pendente lite purchaser,. as Hayden had not filed his cross-petition at the time her mortgage • was executed. (Secs. 96 and 97, Civil Code.) 2. A junior mortgagee, although his debt may not be due, has such an interest as to entitle him to contest the claim of a senior mortgagee,. as by showing that it has been in part paid or is tainted with usury, although his mortgage may not have been executed until after the - senior mortgagee instituted suit to foreclose his mortgage. (1 Dana,. 25; 5 B.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
This case has been heretofore decided, but on a petition-for a rehearing, we have deemed it proper to discuss more-fully the questions raised, although satisfied that the doctrine announced is neither so novel or uncertain as to require-an elaborate argument in support of it.
On the 23d of December, 1875, Grigsby and wife borrowed of Ballou $6,000, and executed to him a mortgage on. a certain tract of land to secure its payment. Ballou, on the 19th of September, 1878, filed his action in equity in the Lincoln circuit court, asking a sale of the…
2Cases cited1 opinion
- Lee v. Fellowes & Co.Court of Appeals of Kentucky · 1849
3Cited by10 opinions
- Bridger v. Exchange BankSupreme Court of Georgia · 1906
- Taulbee v. HargisCourt of Appeals of Kentucky · 1917
- Hill v. Cornwall & Bro.'s AssigneeCourt of Appeals of Kentucky · 1894
- Blanton v. Kentucky Distilleries & Warehouse Co.U.S. Circuit Court for the District of Kentucky · 1902
- Bullock v. Falmouth & Chipman Hall Turnpike Road Co.Court of Appeals of Kentucky · 1887
5 more not listed; retrieve them via the Exa API.