Meier v. Flinsbach
Court of Appeals of Kentucky
Case 24 — PETITION EQUITY APPEAL FROM ^LOUISVILLE CHANCERY COURT. 1. An unrecorded moi'tgage is good between mortgagor and mortgagee and between the mortgagee and attaching and execution creditors of the mortgagor. (Baldwin v. Crow, 86 Ky., 680.) 2. A mortgage given only for a simultaneous loan is not a preference, though it remains unrecorded.
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Case 24 — PETITION EQUITY APPEAL FROM ^LOUISVILLE CHANCERY COURT. 1. An unrecorded moi'tgage is good between mortgagor and mortgagee and between the mortgagee and attaching and execution creditors of the mortgagor. (Baldwin v. Crow, 86 Ky., 680.) 2. A mortgage given only for a simultaneous loan is not a preference, though it remains unrecorded. (Farmer v. Hawkins, 79 Ky., 182.) See Terrell v. Jennings, 1 Met., 455; O’Neil v. Miller, 2 Bush, 295; Heidrich v. Silva, 89 Ky., 423; Brooks-Waterfield Co. v. Staton’s Adm’r,. 79 Ky., 176. 3. A transfer claimed to be a preference must be attacked as…
1Opinion of the Court
JUDGE HAZELBIGG
dbmverhd the opinion op thu court.
Th.eod.ore Schwartz and Frederick Janssen were members of the late banking house of Theodore Schwartz & Co., at Louisville, Ky. Janssen held the legal title to a block between Twenty-sixth and Twenty-seventh streets and Broadway and Elliot avenue, known as the “West End” property, and Schwartz held the title to the “Christy Woods” property, consisting of some thirty-eight acres of land in the suburbs of the city. Both pieces were in fact the property of the firm.
In the cyclone of March, 1890, a tobacco factory of the firm was badly damaged, and…
2Cited by3 opinions
- Union Trust & Savings Co. v. TaylorCourt of Appeals of Kentucky · 1911
- Union Trust & Savings Co. v. TaylorCourt of Appeals of Kentucky · 1910
- Jackson v. CoonsCourt of Appeals of Kentucky (pre-1976) · 1941