Rives v. Christie
Court of Appeals of Kentucky
Case 9—ORDINARY APPEAL EROM MARION CIRCUIT COURT. I. The mortgagee, Christie, acquired his lien with full knowledge of appellant’s. 2. The appellant was entitled to a landlord’s lien under his contract with Sullivan; and this lien he could enforce either by attachment or distraint. Ky.
Read the full summary
Case 9—ORDINARY APPEAL EROM MARION CIRCUIT COURT. I. The mortgagee, Christie, acquired his lien with full knowledge of appellant’s. 2. The appellant was entitled to a landlord’s lien under his contract with Sullivan; and this lien he could enforce either by attachment or distraint. Ky. Stat., secs. 2299, 2302, 2303, 2309. 3.- It was error to refuse appellant a personal judgmenL and an attachment lien after satisfying Christie’s mortgage. 4. The title to the land remaining in the vendor, the vendee and those in privity with him — as a mortgagee with notice — could not claim a transfer of the…
1Opinion of the Court
JUDGE RURNAM
delivered the opinion of the court. .
Appellant in March, 1894, sold to J. E. Sullivan a tract of land in Marion county, in consideration of eight promissory notes, each for the sum of $450 — the first one due and payable on or before January 1, 1895, and the others on the 1st day of each succeeding January thereafter until all should be paid; and, to secure the payment of the first note, Sullivan executed a mortgage on a lot of personal property, consisting of live stock, and including a note for $110, which had no connection with the purchase of the land. One of the stipulations…
2Cases cited3 opinions
- Richmond & Lexington Turnpike Road Co. v. RogersCourt of Appeals of Kentucky · 1870
- Rogers v. WiggsCourt of Appeals of Kentucky · 1851
- Jones v. TiptonCourt of Appeals of Kentucky · 1834