Seeley v. Mitchell's Assignee
Court of Appeals of Kentucky
Case 68 — PETITION EQUITY APPEAL EROM WARREN CIRCUIT COURT. 1. The court erred to the prejudice of appellant in the settlement of the accounts of the firm of Campbell & Seeley. 2. Appellant has a lien for the amount due him, upon a settlement of the partnership, superior to the liens of appellees. A mortgage upon partnership property to secure a partner’s individual debt passes only what interest such partner niay have after paying the debts of the co-partnership.
Read the full summary
Case 68 — PETITION EQUITY APPEAL EROM WARREN CIRCUIT COURT. 1. The court erred to the prejudice of appellant in the settlement of the accounts of the firm of Campbell & Seeley. 2. Appellant has a lien for the amount due him, upon a settlement of the partnership, superior to the liens of appellees. A mortgage upon partnership property to secure a partner’s individual debt passes only what interest such partner niay have after paying the debts of the co-partnership. (Jones on Mortgages, vol. 1, sec. 120; 4 B. Mon., 488.) 8. As to the character of real estate when used for partnership purposes.…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
We can not review the accounts between the appellant, E. B. Seeley, and D. B. Campbell, as partners composing the firm of Campbell & Seeley, because Cámpbell is not a party to this appeal. They are, therefore, not now involved.,The deed of Campbell to Seeley to an undivided one*511balf of the mill property was dated and acknowledged, in February, 1881, and recorded on March 8, 1881. The mortgage given to Mrs. Whitehead by Campbell upon the remaining half, was executed on March 24,1881, and that to Albert Mitchell on the succeeding day. The appellant,…
2Cited by5 opinions
- Clark v. LysterCourt of Appeals for the Eighth Circuit · 1907
- Holmes v. Stix, Krouse & Co.Court of Appeals of Kentucky · 1898
- Taylor v. CommonwealthCourt of Appeals of Kentucky · 1951
- Mildren v. RootCourt of Appeals of Kentucky (pre-1976) · 1936
- City of Cincinnati v. Fogarty, Court of Common Pleas of Ohio, Hamilton County1913