Thompson's Adm'r v. George
Court of Appeals of Kentucky
Case 47 — PETITION EQUITY APPEAL FROM M’CRACKEN COMMON PLEAS COURT. When a debt secured by mortgage is paid, and the note and mortgage surrendered, the mortgage lien is not revived by a new loan and re-delivery of the original note and mortgage to the mortgagee. (Mead v. York, 6 N. Y., 449; Johnson v. Anderson, 30 Ark., 745; Spencer v0 Eredenall, 15 Wis., 666; Walker v. Snedeker, Hoff.
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Case 47 — PETITION EQUITY APPEAL FROM M’CRACKEN COMMON PLEAS COURT. When a debt secured by mortgage is paid, and the note and mortgage surrendered, the mortgage lien is not revived by a new loan and re-delivery of the original note and mortgage to the mortgagee. (Mead v. York, 6 N. Y., 449; Johnson v. Anderson, 30 Ark., 745; Spencer v0 Eredenall, 15 Wis., 666; Walker v. Snedeker, Hoff. Ch., 145; Merrill v. Chase, 3 Allen, 339.) Where there has been no cancellation of a mortgage made to secure a debt paid off, a re-delivery of the note and mortgage to secure a new loan for the same amount…
1Opinion of the CourtChief Justice Pryor
delivered the-opinion of the court.
T]ie appellee, George, in December, 1867, loaned to George Thompson one thousand dollars, and took the joint note of Thompson and wife, payable in three months, for one thousand and thirty-six dollars, the .amount of money loaned and the agreed interest. To secure the payment of this note a mortgage was executed on a lot in the city of Paducah. George Thompson is now dead. Before his death he paid off the *312note, and it was surrendered to him by George, and the original mortgage that had been recorded was also surrendered to the debtor. Some time after the…
2Cited by6 opinions
- Hall Building Corp. v. EdwardsSupreme Court of Virginia · 1925
- Bailey v. RockafellowSupreme Court of Arkansas · 1893
- Roberts v. BruceCourt of Appeals of Kentucky · 1891
- City Nat'l Bank of Paducah v. Ex. Bank MayfieldCourt of Appeals of Kentucky (pre-1976) · 1934
- United Loan & Dep. Bank v. BitzerCourt of Appeals of Kentucky · 1904
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