Jarboe v. Shiveley
Court of Appeals of Kentucky
Case 61 — Action to Enforce a Mortgage Lien and Cross-Action Asserting Prior Lien. APPEAL FROM MARION CIRCUIT COURT. Judgment for Plaintiffs and Cross-Plaintiffs Appeal. The sole question in this case is whether or not the borrowing the money by Moser and appellant from the bank and paying it to Ballard was a novation.
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Case 61 — Action to Enforce a Mortgage Lien and Cross-Action Asserting Prior Lien. APPEAL FROM MARION CIRCUIT COURT. Judgment for Plaintiffs and Cross-Plaintiffs Appeal. The sole question in this case is whether or not the borrowing the money by Moser and appellant from the bank and paying it to Ballard was a novation. We say no. The object of the mortgage, as clearly expressed, was to save the sureties harmless, as sureties, and when they borrowed the money from the bank with .appellants continuing as sureties, it did not change the debt or the liability; the only change was the payee of the…
1Opinion of the Court
Opiniok" op the couet by
JUDGE BURNAM
Reversing.
The appellee, Robert SMveley, instituted suit in equity against William B. Moser and wife on two notes, for $187.50 each, dated on tbe 6th day of February, 1895, and due respectively on the 1st days of January and July, 1896, and asked for the enforcement of a mortgage lien, given simultaneously with the execution of the notes, on a tract of 312 acres of land, to secure their payment. Subsequently appellants, John Jarboe and C. B. Luckett, filed a petition to be made parties to the proceeding, and made same a cross petition against Moser and wife,…
2Cases cited3 opinions
- Louisville Banking Co. v. LeonardCourt of Appeals of Kentucky · 1890
- Roberts v. BruceCourt of Appeals of Kentucky · 1891
- Moore v. ThompsonCourt of Appeals of Kentucky · 1896
3Cited by12 opinions
- Norton Hospitals, Inc. v. PeytonKentucky Supreme Court · 2012
- Straeffer v. RodmanCourt of Appeals of Kentucky · 1911
- Brent v. SimpsonCourt of Appeals for the Fifth Circuit · 1916
- Morris v. RandallCourt of Appeals of Kentucky · 1908
- Commonwealth Life Insurance v. Louisville Railway Co.Court of Appeals of Kentucky (pre-1976) · 1930
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