Luther v. Commonwealth Farm Loan Co.

Opinion of the Court by

Chief Justice Sampson

Affirming in part and reversing in part.

This action was commenced by the Carter-Randolph Company, &c., against appellant, Luther, in the Graves *122circuit court on March 25, 1921, to recover the sum of $240.00 due, as, it was alleged, upon an open account. In the petition it is averred that Luther had executed and delivered several different mortgages on his property which were declared to be preferential, operating as a general assignment of the property of Luther for the benefit of all his creditors under the act of 1856. Before this suit was…