Federal Land Bank of Louisville v. Monroe County

Mr. Chiee Justice Green

delivered the opinion of the Court.

The object of this hill is to recover for the complainant bank an award of damages made against Monroe County in a condemnation suit whereby certain land was taken for a public highway. The award was paid by Monroe County to the landowners but, prior to payment, said landowners had mortgaged to the bank the tract over which the right-of-way was taken. It is alleged that notwithstanding this mortgage, of which it is said the county had actual and constructive notice, the county turned over the entire award to the landowners, with the…