Abbott v. Yeager
Court of Appeals of Kentucky
Case 69 — PETITION EQUITY — APPEAL FROM SHELBY CIRCUIT COURT. 1. The deed of trust in controversy conveyed the fee simple title to the trustee, and vested it with full power to sell and convey the property conveyed to it. The deed has none of the elements of a mortgage. It imposed upon the trustee several active trusts, one of which could not possibly be executed without a sale.
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Case 69 — PETITION EQUITY — APPEAL FROM SHELBY CIRCUIT COURT. 1. The deed of trust in controversy conveyed the fee simple title to the trustee, and vested it with full power to sell and convey the property conveyed to it. The deed has none of the elements of a mortgage. It imposed upon the trustee several active trusts, one of which could not possibly be executed without a sale. (Soutter v. Miller, 15 Fla., 627; Woodruff v. Samuels, 19 Ohio, 216; McDonald v. Kellog, 30 Kan., 170; Koch v. Briggs, 14 Cal., 261; Reed v. Welsh, 11 Bush, 450; Prather v. McDowell, 8 Bush, 57; Ogden v. Grant, 6…
1Opinion of the CourtChief Justice Pryor
delivered the opintox op tiie court.
H. C. Yeager at his death owned a váluable tract of land in the county of Shelby that passed to his heirs at law. There existed on this land liens for a large sum of money that had been reduced to a judgment by the parties holding the liens and a sale of the land adjudged to satisfy the lien creditors.
In the year 1892 a deed of trust was executed by the lien creditors and the heirs of Yeager invested with the legal title that had the effect, and such in fact was its purpose, to avoid the judicial sale and enable the trustee to dispose of the land at private…
2Cases cited4 opinions
- Ogden v. GrantCourt of Appeals of Kentucky · 1838
- Prather v. McDowellCourt of Appeals of Kentucky · 1871
- Reed v. WelshCourt of Appeals of Kentucky · 1875
- Halley v. Winchester Diamond LodgeCourt of Appeals of Kentucky · 1895