Spalding v. Paine's adm'r
Court of Appeals of Kentucky
Case 65 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. L The capital stock in a corporation, and every other species of property that can he sold, can be mortgaged. (Jones on Mortgages, Personal Property, 94; Field on Corporations, sec. 110; 3 Paige, 361; Pendell v. Grooms, 18 B. Mon., 505; Copeland v. Copeland, 7 Bush, 350.) 2. In Price v. Price, 6 Dana, 107, this court held that such stock was real estate.
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Case 65 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. L The capital stock in a corporation, and every other species of property that can he sold, can be mortgaged. (Jones on Mortgages, Personal Property, 94; Field on Corporations, sec. 110; 3 Paige, 361; Pendell v. Grooms, 18 B. Mon., 505; Copeland v. Copeland, 7 Bush, 350.) 2. In Price v. Price, 6 Dana, 107, this court held that such stock was real estate. (2 Ves., 651; 2 Comí., 251; 5 Bush, 457; Jones on Mortgages, sec., 352; 1 Peters, 386; 2 Dana, 204; 3 Cowen, 166; 4 lb., 467; 2 N. II., 16; 16 Mass., 277; 2 Pick., 610; 5 N. II., 547.)…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
Fontain, owning 180 shares of the capital stock in the Louisville Transfer Company, and being desirous of raising money upon it, obtained a loan from the appellant, Daniel Spalding, of $6,000, and in order to secure Spalding, executed to him a mortgage on this 180 shares of stock, and had it recorded in the clerk’s office of the Jefferson county *418court, the county in which the property of the corporation was and now is, and where its chief office is located. After the execution of the mortgage and its record, Fontain sold this stock to E. H. Paine,…
2Cited by10 opinions
- Citizens State Bank v. O'LearyTexas Supreme Court · 1942
- In Re Van WinkleDistrict Court, W.D. Kentucky · 1943
- Billington v. DunnCourt of Appeals of Kentucky (pre-1976) · 1926
- Cates v. BaxterTennessee Supreme Court · 1896
- Chappell v. ChappellCourt of Appeals of Kentucky · 1907
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