Legal Opinion

Bryant v. Bryant

Court of Appeals of Kentucky

Decided June 17, 1873Published

APPEAL PROM HENRY CIRCUIT COURT.

1Opinion of the Court

Opinion by

Judge Peters :

The creditors whose attachments were sustained acquired a lien on the debtor’s property superior to that of appellant, because their attachments were levied before the mortgage on the same property was executed to him, and the sale of the attached property by the sheriff did not remove their liens or place the mortgagee in any better condition than he was before.

By the levy of the attachments the chancellor acquired an equitable control over the property so far as was necessary to accomplish the objects of the attachments, that must overreach all intermediate *8transfers.…

2Cases cited1 opinion

  1. Oldham v. ScrivenerCourt of Appeals of Kentucky · 1843

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