Trimble v. Puckett
Court of Appeals of Kentucky
Case 35 — PETITION EQUITY APPEAL PROM WOLPE COURT OP COMMON PLEAS. A lien does not arise in favor of one who advances money to the vendee at his request for the payment of a part of the purchase money. (Jones on Liens, vol. 2, sec. 1067; Chapman v. Abrahams, 61 Ala., 108; Gray v. Biard, 4 Lea., 212; Gaines, &o., v. Casey, &c., 10 Bush, 93; Bank of Hopkinsville, &c., v. Rudy, 2 Bush, 331; Reid, &c., v. Jackson, 6 Ky. Law Rep., 743; Cecil v. Aud, 7 Ky.
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Case 35 — PETITION EQUITY APPEAL PROM WOLPE COURT OP COMMON PLEAS. A lien does not arise in favor of one who advances money to the vendee at his request for the payment of a part of the purchase money. (Jones on Liens, vol. 2, sec. 1067; Chapman v. Abrahams, 61 Ala., 108; Gray v. Biard, 4 Lea., 212; Gaines, &o., v. Casey, &c., 10 Bush, 93; Bank of Hopkinsville, &c., v. Rudy, 2 Bush, 331; Reid, &c., v. Jackson, 6 Ky. Law Rep., 743; Cecil v. Aud, 7 Ky. Law Rep., 298; Anderson v. Griffith, 55 Mo., 254; 18 lnd., 422 ; 26 Ind., 364; Haskell v. Scott, 5 Cent. L. J., 370.) Unless Puckett had a lien…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
July, 1885, appellant Trimble recovered judgment •against Dennis Brewer on a note for $182.12, given June, 1875, and the land in controversy having been levied on and sold under an execution issued on that judgment, he ■became purchaser thereof at the price of $200, and in April, 1886, a deed therefor was made to him by the sheriff. In December, 1887, he instituted this action to recover the land of Brewer, claiming title and right of possession in virtue of the sheriff’s deed.
Subsequently, appellee Puckett having been made a party defendant filed…
2Cited by2 opinions
- Reid v. JacksonCourt of Appeals of Kentucky · 1885
- Schmidt v. Carter's Adm'rCourt of Appeals of Kentucky · 1893