Legal Opinion

Pindell v. Grooms

Court of Appeals of Kentucky

Decided December 9, 1857PublishedCited by 1 opinion

Case 6. Pet. Eq APPEAL FROM FAYETTE CIRCUIT. ’Case Stated. In July, 1854, Jones sued Grooms in the Fayette circuit court, alledging th,at Grooms had fraudulently obtained from him a grey horse worth $120; and having made the proper affidavits, and given the bond required by law, with Logan as surety, obtained possession of the horse. Trial of this -action was had in February, 1855, and judgment was rendered for the defendant for $100 in damages.

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Case 6. Pet. Eq APPEAL FROM FAYETTE CIRCUIT. ’Case Stated. In July, 1854, Jones sued Grooms in the Fayette circuit court, alledging th,at Grooms had fraudulently obtained from him a grey horse worth $120; and having made the proper affidavits, and given the bond required by law, with Logan as surety, obtained possession of the horse. Trial of this -action was had in February, 1855, and judgment was rendered for the defendant for $100 in damages. Jones having transferred the note executed to him on the 28th of June, 1854, by Grooms and Gaugh, for $100, the price of the grey horse sold by Jones…

1Opinion of the Court

Judge Simpson

delivered the opinion of the court.

The first question that arises in this case is, did the mortgage, which was executed by Grooms to Pindell on the 3rd day of August, 1854, transfer to the mortgagee any title to the horse, which was then in the possession of Jones, and the right to which was a matter of controversy in an action then pending between Grooms and Jones?

As the possession of the horse had been taken from the mortgagor, and delivered to Jones by process of law in the action then pending between them, and was subject to restitution by the final judgment of the court, in…

2Cases cited2 opinions

  1. Comegys v. VasseSupreme Court of the United States · 1828
  2. Young v. FergusonCourt of Appeals of Kentucky · 1822

3Cited by1 opinion

  1. Webster v. Industrial Acceptance CorporationCourt of Appeals of Kentucky (pre-1976) · 1930

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