Legal Opinion
Humphries v. Fitzpatrick
Court of Appeals of Kentucky (pre-1976)
Decided March 23, 1934PublishedCited by 4 opinions
1Opinion of the Court
Opinion op the Court by
Judge Richardson
Affirming.
The doctrine of marshaling assets, as it concerns the owner of a second mortgage and an attaching creditor, is the paramount question presented for consideration.
The Kentucky Joint Stock Land Bank of Lexington, Ky., on August 15, 1923, loaned Thomas W. Fitzpatrick and Susie M.' Fitzpatrick $30,000, evidencing* which they executed and delivered certain notes. To secure their payment they executed and delivered to it a mortgage on the land described therein and also on the “rents, issues and profits” arising from the land during the life of the…
2Cases cited15 opinions
- Wender Blue Gem Coal Co. v. Louisville Property Co.Court of Appeals of Kentucky · 1910
- Kentucky Joint Land Bank Lexington v. FitzpatrickCourt of Appeals of Kentucky (pre-1976) · 1931
- Watt's Administrator v. SmithCourt of Appeals of Kentucky (pre-1976) · 1933
- Bank of Kentucky v. Vance's AdministratorsCourt of Appeals of Kentucky · 1823
- Metropolitan Life Insurance v. HightowerCourt of Appeals of Kentucky (pre-1976) · 1925
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Batesville Casket Co. v. FieldsCourt of Appeals of Kentucky (pre-1976) · 1941
- Gilbert v. CraneWisconsin Supreme Court · 1938
- Meade v. WellsCourt of Appeals of Kentucky (pre-1976) · 1949
- Curl v. Sparkle Brite, Inc.Court of Appeals of Kentucky · 1975