Legal Opinion
Blincoe v. Lee
Court of Appeals of Kentucky
Decided October 19, 1876PublishedCited by 4 opinions
Case 30 —PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. CITED 8 Bush, 388, Brewer & Orr v. Cosby.
1Opinion of the CourtChief Justice Lindsay
The mortgage frQm Lee to O’Brien was not intended to secure the payment of a debt, but to indemnify the mortgagee as the surety of the mortgagor to a third party. Still as it is not shown that the misrecital or misstatement in this regard was intended as a fraud, the mortgage is not void.
But the court below properly adjudged that it operated as an assignment of all the estate of the mortgagor for the benefit of all his creditors under the provisions of article 2, chapter 44, General Statutes.
*359But the chancellor, following the case of Brewer & Orr v. Cosby (8 Bush, 388), erroneously held that…
2Cases cited1 opinion
- Brewer v. CosbyCourt of Appeals of Kentucky · 1871
3Cited by4 opinions
- Sparks v. BrownMissouri Court of Appeals · 1888
- Farmers' Bank v. MorrisCourt of Appeals of Kentucky · 1880
- Gee v. Van Natta-Lynds Drug Co.Missouri Court of Appeals · 1904
- Williams v. Carter, TrusteesCourt of Appeals of Kentucky (pre-1976) · 1925