Roberts v. Bruce
Court of Appeals of Kentucky
Case 72 — PETITION EQUITY — APPEAL PROM HENRY CIRCUIT COURT. 1. A judgment, when once paid off or satisfied, can not afterwards, by any agreement of the parties, be restored to life or vitality. (Freeman on Judgments, sec. 466; Averill v. Louoks, 6 Barb. Ch’y, 25; Marion v. Vedder, 5 Cow., 671; Troup v. Wood, 4 John.
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Case 72 — PETITION EQUITY — APPEAL PROM HENRY CIRCUIT COURT. 1. A judgment, when once paid off or satisfied, can not afterwards, by any agreement of the parties, be restored to life or vitality. (Freeman on Judgments, sec. 466; Averill v. Louoks, 6 Barb. Ch’y, 25; Marion v. Vedder, 5 Cow., 671; Troup v. Wood, 4 John. Ch’y, 228; Winslow v. Clark, 2 Lans., p. 380; Thompson v. George, 86 Ky., 311.) 2. While a judgment creditor may, by parol, assign a judgment to the person who pays it at the time it is paid, the judgment debtor can not, without the knowledge or consent of the judgment creditor,…
1Opinion of the CourtChief Justice Holt
Stanley Bruce made an assignment for the benefit of his creditors generally in 1887, being then the owner of a tract of land upon which his brother, the appellee, W. O. Bruce, claims to have a lien for money paid by him as the security of Stanley Bruce to the extent of the amount of a note given by the latter for a part of the purchase money of the land, and which W. O. Bruce claims was assigned to him as indemnity.
The appellants, who are general creditors of Stanley Bruce, deny the existence of any such lien, and a brief statement of facts, as to which there is little dispute between the…
2Cases cited2 opinions
- Louisville Banking Co. v. LeonardCourt of Appeals of Kentucky · 1890
- Thompson's Adm'r v. GeorgeCourt of Appeals of Kentucky · 1887
3Cited by8 opinions
- Elswick v. MatneyCourt of Appeals of Kentucky · 1909
- Jarboe v. ShiveleyCourt of Appeals of Kentucky · 1900
- City Nat'l Bank of Paducah v. Ex. Bank MayfieldCourt of Appeals of Kentucky (pre-1976) · 1934
- Brown v. KahnCalifornia Supreme Court · 1917
- Cornett's Ex'r v. RiceCourt of Appeals of Kentucky (pre-1976) · 1945
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