Ebelharr v. Tennelly
Court of Appeals of Kentucky
Case 5 — Action by J. R. Tennelly against Frank Ebelharr and R. G-. Hnx to Enforce an Execution Lm£n on land. APPEAL FROM DAVIESS CIRCUIT COURT — MALCOLM YEAMAN, SPECIAL CIRCUIT JUDGE. Judgment for Plaintiff and Defendants Appeal, POINTS AND AUTHORITIES. 1. The deed from the appellant Hil to Lancaster and the appellee Tennelly, and the writing executed by the parties simultaneously with the execution and delivery of the deed, when construed together, constitute a mortgage.
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Case 5 — Action by J. R. Tennelly against Frank Ebelharr and R. G-. Hnx to Enforce an Execution Lm£n on land. APPEAL FROM DAVIESS CIRCUIT COURT — MALCOLM YEAMAN, SPECIAL CIRCUIT JUDGE. Judgment for Plaintiff and Defendants Appeal, POINTS AND AUTHORITIES. 1. The deed from the appellant Hil to Lancaster and the appellee Tennelly, and the writing executed by the parties simultaneously with the execution and delivery of the deed, when construed together, constitute a mortgage. It is well settled in this State that “where land is conveyed absolutely, and the grantee by a separate instrument or…
1Opinion of the Court
Opinion op the court by
JUDGE BARKER
AmrRMiNe.
R. G. Hill was the owner of a lot and improvements thereon, situated in Owensboro, Ky., which he conveyed by deed absolute upon its face for the recited consideration of $3,000 cash in hand paid to J. R. Tennelly *46and J. R. Lancaster, at the same time taking from the vendees their agreement in writing to reconvey the property to him upon the repayment to them of the recited consideration within two years thereafter. While the title to the property was in this condition, on the 27th day of August, 1902, an execution issued from the office of the…
2Cases cited2 opinions
- Bronston v. RobinsonCourt of Appeals of Kentucky · 1843
- Crow & Jarvis v. TinsleyCourt of Appeals of Kentucky · 1838
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