Northern Bank v. Deckebach
Court of Appeals of Kentucky
Case 23 — PETITION EQUITY — APPEAL PROM KENTON CHANCERY COURT. ■1. The conveyance by appellant to Louis Geisbauer was intended by the parties to be an absolute sale, and not a mortgage, and that intention must govern.-' (Jones on Mortgages, vol. 1, sections 267, 268, 326, 327; Bdrington v. Harper, 3 J. J. M., 355; Morris v. Morris, 2 Bibb, 311; Brinkerhoff v. Lansing, 4 Johnson’s Oh’y Bep., 76; Perine v. Dunn, Ibid., 141; Baxter v. Willey, 9 Yt., 276; Holmes v. Eresh, 9 Mo.,…
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Case 23 — PETITION EQUITY — APPEAL PROM KENTON CHANCERY COURT. ■1. The conveyance by appellant to Louis Geisbauer was intended by the parties to be an absolute sale, and not a mortgage, and that intention must govern.-' (Jones on Mortgages, vol. 1, sections 267, 268, 326, 327; Bdrington v. Harper, 3 J. J. M., 355; Morris v. Morris, 2 Bibb, 311; Brinkerhoff v. Lansing, 4 Johnson’s Oh’y Bep., 76; Perine v. Dunn, Ibid., 141; Baxter v. Willey, 9 Yt., 276; Holmes v. Eresh, 9 Mo., 201; Phoenix v. Gardner, 13 Minn., 430.) :2. The agreement by which all the notes were to become due and payable upon…
1Opinion of the Court
JUDGE PKYOB
delivered the opinion of the court.
diaries Geisbauer, at the time of his death, was: the owner of a large brewery in the city of Covington, including all the realty upon which it was located, and the fixtures and personalty usually belonging to such an establishment. He was largely indebted to the Northern Bank of Kentucky, and. other parties, whose debts were finally paid off by money obtained from the bank, in the following-manner : The children, or devisees, and the executor-of the will of Geisbauer being desirous of having-the debts paid, and to prevent' a sale of the property,…
2Cases cited2 opinions
- Scott v. M'MillenCourt of Appeals of Kentucky · 1822
- Watson v. WilsonCourt of Appeals of Kentucky · 1834
3Cited by4 opinions
- D. K. Porter, Trustee in Bankruptcy of Abe Greenband v. Woodey B. Searle and Edlean E. SearleCourt of Appeals for the Tenth Circuit · 1955
- Turner v. RandolphCourt of Appeals of Kentucky (pre-1976) · 1926
- Goodin & Barney Coal Co. v. Southern Elkhorn Coal Co.Court of Appeals of Kentucky (pre-1976) · 1927
- Rothschild's Administrators v. Kohn BrosCourt of Appeals of Kentucky · 1892