Johnson's v. Wiseman's
Court of Appeals of Kentucky
CASE 39 — PETITION EQUITY cited 14 Mass., 352; 2 Smith's Leading Cases, 208; 1 Parson's on Contracts, 431; 1 Duer, 3G3; Ames on .Fixtures, 79; 18 Eng. Law and Eq. Rep., 147. cited 12 Ad. 4* E., 57, 58; Shepherd's Touchstone, 89; Hobart, 234; Vaughn. Rep., 109; 1 Parsons on Contracts, 431; 4 M. TV., 409; 2 B. 4" A.,167; 1 Sugden on Vendors, and notes, page 60, 61.
1Opinion of the Court
JUDGE PETERS
delivered the opinion oe the court:
T. A. Marshall sold and conveyed to C. M. Johnson a house and lot in the city of Lexington, and retained a lien on the property to secure the unpaid purchase money.
Johnson afterwards mortgaged the same-property, with the household goods and kitchen furniture in the house, to R. A. Buckner, to secure a debt which he owed him.
The debt to Marshall was not paid when it matured, and he brought his suit against Charles F. Johnson, the executor of C. M. Johnson, who had in the meantime died, to coerce the collection of his debt by the enforcement of his…
2Cases cited3 opinions
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- Collins v. CommonwealthMassachusetts Supreme Judicial Court · 1943
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