Elrod v. Gastineau
Court of Appeals of Kentucky
CASE 78. — ACTION BY WILLIAM M. GASTINEAU AGAINST WALTER ELROD CLAIMING A LIEN ON CERTAIN PROPERTY WHICH DEFENDANT HAD PURCHASED TO SATISFY A DEBT ON WHICH THEY WERE COSURETIES Appeal from Pulaski Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for plaintiff. Defendant appeals.
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CASE 78. — ACTION BY WILLIAM M. GASTINEAU AGAINST WALTER ELROD CLAIMING A LIEN ON CERTAIN PROPERTY WHICH DEFENDANT HAD PURCHASED TO SATISFY A DEBT ON WHICH THEY WERE COSURETIES Appeal from Pulaski Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for plaintiff. Defendant appeals. This case rests purely upon questions of law. 1. The mortgage taken by appellee inured to the benefit of both appellee and appellant, and appellee cannot enforce the same, as against appellant after each has paid an equal amount of the judgment. 2. The acts done by appellant in relation to securing the equity of…
1Opinion of the Court
*611Opinion op the Court by
Judge Barker
Revers'ing,
The appellant, Walter Elrod, and the appellee, William ML Gastineau, on the 27th day of January, 1891, became joint sureties on the bond of William Lee as guardian for Ephraim C. Musser, a-minor. On the 11th day of February, 1891, Lee executed to Gastineau a mortgage on certain real estate described in the petition to indemnify him from loss by reason of his suretyship on the bond. Prior to the execution of the guardian’s bond, Lee had executed and delivered to John Griffin a mortgage on the same property to secure a debt due to him. Griffin…
2Cases cited1 opinion
- Moore v. MoberlyCourt of Appeals of Kentucky · 1847
3Cited by2 opinions
- Hughes v. ParsonsCourt of Appeals of Kentucky · 1919
- Miller v. LillyWest Virginia Supreme Court · 1921