Blakeley v. Adams
Court of Appeals of Kentucky
Cake 53 — Action by J'oiin O. Adams against W. H. Blakeley and Hbttie S. Blakeley Upon a Promissory Note and to Enforce a Mortgage Lien. APPEAL FROM WARREN CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. Appellee in his petition alleges that the consideration of the note for $3,908.35 sued on, was the payment by him as surety for appellants and upon no part of which lie was bound except as surety.
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Cake 53 — Action by J'oiin O. Adams against W. H. Blakeley and Hbttie S. Blakeley Upon a Promissory Note and to Enforce a Mortgage Lien. APPEAL FROM WARREN CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. Appellee in his petition alleges that the consideration of the note for $3,908.35 sued on, was the payment by him as surety for appellants and upon no part of which lie was bound except as surety. Mrs. Blakeley, in her answer pleads that she signed the note to Adams, as surety for her husband and that Adams knew it and denies that the note was given for anything Adams had paid as…
1Dissent
Judge Hobson’s
dissenting opinon:
Appellee, Adams, 'filed the first of these actions May 5, 1899. He alleged in that action that he had signed a number of notes as the surety of W. H. Blakeley and Hettie S. Blakeley; that he had been sued on the notes, ■and judgments had been given against' him, and he had been compelled to pay the judgments; -that he had paid them for W. H. Blakeley and Hettie S. Blakeley, and no part of the money had been repaid to him. He asserted a lien on certain land, and prayed for personal judgment and the enforcement of the lien. The notes are filed with the petition…
2Cases cited14 opinions
- Polhill v. BrownSupreme Court of Georgia · 1890
- Thurston v. PrentissMichigan Supreme Court · 1849
- Whitehead v. PeckSupreme Court of Georgia · 1846
- Ford v. KeithMassachusetts Supreme Judicial Court · 1804
- Roe v. KiserSupreme Court of Arkansas · 1896
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