Bradley v. Curtis
Court of Appeals of Kentucky
Case 68 — EQUITY APPEAL FROM ROBERTSON CIRCUIT COURT. 1. The purchase-money due for the land must be paid before a homestead can be allotted. (Sec. 9, art. 13, chap. 38, Gen. Stat.) 2. The sixteenth section provides that the homestead exemption shall not apply to sales under execution, attachment, or judgment at the suit of creditors, if the debt or liability existed prior to the purchase of the land.
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Case 68 — EQUITY APPEAL FROM ROBERTSON CIRCUIT COURT. 1. The purchase-money due for the land must be paid before a homestead can be allotted. (Sec. 9, art. 13, chap. 38, Gen. Stat.) 2. The sixteenth section provides that the homestead exemption shall not apply to sales under execution, attachment, or judgment at the suit of creditors, if the debt or liability existed prior to the purchase of the land. The taking of personal security creates a novation, and the lien upon the land for purchase-money is waived, if it ever existed. The notes are not in fact for purchase-money.
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
The appellee, Ashcraft, sold twenty acres of land to the appellee, Curtis, in consideration of $298.50. The latter executed three promissory notes of equal amounts therefor to the former, who made to him a title-bond for the land, and thereafter assigned the notes to the appellant, Bradley, who, after holding them for some time, accepted three new notes for the principal, and interest at the rate of ten per cent, of the aforementioned notes, with appellee Ashcraft as surety thereon for Curtis, and took from them a mortgage on the twenty acres,…
2Cases cited4 opinions
- Duncan v. LouisvilleCourt of Appeals of Kentucky · 1877
- Lusk v. HopperCourt of Appeals of Kentucky · 1867
- Rennick v. HendricksCourt of Appeals of Kentucky · 1816
- Henley v. StemmonsCourt of Appeals of Kentucky · 1843
3Cited by13 opinions
- Elswick v. MatneyCourt of Appeals of Kentucky · 1909
- Gessner v. PalmateerCalifornia Supreme Court · 1891
- Powers v. PenseWyoming Supreme Court · 1912
- Turner v. BrowningsCourt of Appeals of Kentucky · 1908
- City Nat'l Bank of Paducah v. Ex. Bank MayfieldCourt of Appeals of Kentucky (pre-1976) · 1934
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