McCutcheon & Co. v. Caldwell & Son
Court of Appeals of Kentucky
Case 41 — PETITION EQUITY APPEAL PROM LOGAN CIRCUIT COURT. 1. A mortgage executed by an insolvent debtor to an antecedent creditor,. with the design to prefer, operates as an assignment under the statute,, although the debt was created upon the faith of the debtor’s promise • to execute the mortgage. (James, &c., v. Zigler, &c., 9 Ky.
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Case 41 — PETITION EQUITY APPEAL PROM LOGAN CIRCUIT COURT. 1. A mortgage executed by an insolvent debtor to an antecedent creditor,. with the design to prefer, operates as an assignment under the statute,, although the debt was created upon the faith of the debtor’s promise • to execute the mortgage. (James, &c., v. Zigler, &c., 9 Ky. Law Rep., 869.) 2. Where a mortgage executed to secure an antecedent debt would otherwise operate as an assignment for the benefit of creditors,’this can not. be prevented by including in the mortgage liabilities created at the time. (Grover v. Smith, &c.,…
1Opinion of the Court
■CHIEF JUSTICE LEWIS
delivered the opinion op the court.
This appeal is from a judgment rendered in two actions consolidated and tried together. One of them was instituted October 11, 1886, by E. Raetz and ■others, creditors of W. H. Whitaker, against parties named, to whom he had executed mortgages, alleged in the petition to have been made by him in contemplation of insolvency and with design to prefer the mortgagees to the exclusion, in whole or part, of •others. The other was brought October 12, 1886, by
J. B., M. L. and P. R. Whitaker against W. H. Whitaker, Gf. S. Hardy, to whom a deed of…
2Cases cited3 opinions
- Whitaker v. GarnettCourt of Appeals of Kentucky · 1867
- Brooks, Waterfield & Co. v. Staton's adm'rCourt of Appeals of Kentucky · 1880
- Farmer v. HawkinsCourt of Appeals of Kentucky · 1880
3Cited by3 opinions
- H. B. Rice & Co. v. Miners' Elkhorn Coal Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Keeton v. OwensCourt of Appeals of Kentucky (pre-1976) · 1929
- Darnell & Son v. LewisCourt of Appeals of Kentucky · 1893