Moore v. Moberly
Court of Appeals of Kentucky
Error to the Montgomery Circuit. Chancery. Case 83. Casestated, The object oí the bill. A debtor mortgaged property to a creditor who was also a surety tor the mortgagor separately in some cases, and jointly with others in other cases, the mortgage to be void on the payment of the debts to the mortgagee, and satisfying all-the debts in which the mortgagee is surety, and keeping himfreeol expense, themortgagor assigned to the mortgagee and another surety, moneysecurities…
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Error to the Montgomery Circuit. Chancery. Case 83. Casestated, The object oí the bill. A debtor mortgaged property to a creditor who was also a surety tor the mortgagor separately in some cases, and jointly with others in other cases, the mortgage to be void on the payment of the debts to the mortgagee, and satisfying all-the debts in which the mortgagee is surety, and keeping himfreeol expense, themortgagor assigned to the mortgagee and another surety, moneysecurities assumed to be-for the same ob. jeet. — Held that the security should be appropriated to the pro rata payment of all the…
1Opinion of the CourtChief Justice Maeshall
delivered the opinion of.the Court.
In February, 1841, James B. Moore being indebted to T. J. Moberly, by note, in a considerable sum, and owing *300many otheT debts in which Moberly was his surety, either alone or jointly with others, executed to Moberly a mortgage upon land and other property, reciting as the consideration of the conveyance, that Moberly was his surety to divers-persons.not named, and also that he was indebted to-hima&above stated. The condition of the deed is, that it is.to-be void if Moore pays to Moberly the amount due him.as aforesaid, and pays and satisfies all the debts…
2Cases cited2 opinions
- Morrison v. PoyntzCourt of Appeals of Kentucky · 1838
- Byrne, Ryan, & Co. v. SchwingCourt of Appeals of Kentucky · 1845
3Cited by7 opinions
- Morrill v. MorrillSupreme Court of Vermont · 1880
- Hargis Bank & Trust Co. v. GambillCourt of Appeals of Kentucky (pre-1976) · 1930
- First National Bank v. Ridenour, Baker & Co.Supreme Court of Kansas · 1891
- Mueller v. BargeSupreme Court of Minnesota · 1893
- Elrod v. GastineauCourt of Appeals of Kentucky · 1907
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