Fishback v. Bodman & Co.
Court of Appeals of Kentucky
Case 19 — PETITION EQUITY APPEAL FROM BRACKEN CHANCERY COURT. 1. The vendor’s lien was not affected by the replevin of the debt, and the assignment of the benefit of that lien to the surety in the replevinbond, vested him with the rights of the vendor. (2 Bibb, 268; Clark v. Hunt, 3 J. J. Mar. 558-9.) 1. The assignment of the “ benefit of the execution ” did not carry with it the original lien reserved in the deed.
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Case 19 — PETITION EQUITY APPEAL FROM BRACKEN CHANCERY COURT. 1. The vendor’s lien was not affected by the replevin of the debt, and the assignment of the benefit of that lien to the surety in the replevinbond, vested him with the rights of the vendor. (2 Bibb, 268; Clark v. Hunt, 3 J. J. Mar. 558-9.) 1. The assignment of the “ benefit of the execution ” did not carry with it the original lien reserved in the deed. It only transferred the benefit of any lien existing by virtue of the judgment. (Sec. 9, page 797, Gen. Stat.) 2. The replevin of the judgment merged the original debt for which…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion op the court.
On the 25th day of May, 1868, Joseph Donophan sold and conveyed to H. B. Moran and Elliott Fishback a tract of two hundred and seventeen acres of land lying in Bracken County. A lien was retained for the unpaid purchase-price, which was stated at over $5,000.
In 1870 H. B. Moran mortgaged his interest in this land, as stated in the agreed facts in this record, to Bodman & Co., and afterward, on the 20th of February, 1872, H. B. Moran executed a mortgage to R. B. Wiggins to secure him in a large debt, and the Wiggins mortgage was transferred, by…
2Cases cited3 opinions
- Patterson v. PopeCourt of Appeals of Kentucky · 1837
- Burk v. ChrismanCourt of Appeals of Kentucky · 1842
- Farmers & Drovers' Bank v. SherleyCourt of Appeals of Kentucky · 1876
3Cited by2 opinions
- Borror v. CarrierIndiana Court of Appeals · 1905
- Pence v. ArmstrongIndiana Supreme Court · 1883