Summers v. Kilgus
Court of Appeals of Kentucky
Case 4 — PETITION EQUITY APPEAL FROM BULLITT CIRCUIT COURT. 1. Appellant is an innocent purchaser of the land without notice that any lien existed on the land or that any lien-notes were outstanding. From the face of the record the vendor, being the holder of the lien-notes, could alone have released the lien. His release binds the holders of the notes, and they have no lien as against appellant.
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Case 4 — PETITION EQUITY APPEAL FROM BULLITT CIRCUIT COURT. 1. Appellant is an innocent purchaser of the land without notice that any lien existed on the land or that any lien-notes were outstanding. From the face of the record the vendor, being the holder of the lien-notes, could alone have released the lien. His release binds the holders of the notes, and they have no lien as against appellant. (Gen. Stat., sec. 12, chap. 24; Act of March 18, 1876; Gen. Stat. 859, 860.) 2. Appellees hold their lien-notes sued on “subject to any defense” that might have been used against the original obligee…
1Opinion of the Court
JUDGE GOFER,
delivered the opinion of the court.
February 24, 1876, Pfieffer sold and conveyed to Mertz, for the recited consideration of $8,400, $3,000 in hand and two notes of $2,700 each, payable in one and two years, a tract of land situated in Bullitt County. September 12th of that year Pfieffer assigned one of the notes to Kilgus and Braur as collateral security for debts due by him to them respectively of about $800. November 4th of the same year Mertz reconveyed the land to Pfieffer; and December 20th Pfieffer sold and conveyed it to Summers, and on the same day, by an appropriate…
2Cited by9 opinions
- Reeves v. HayesIndiana Supreme Court · 1884
- McGowan v. Wells' TrusteeCourt of Appeals of Kentucky · 1919
- Weil v. B. E. Buffaloe & Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Phillips v. ArnettCourt of Appeals of Kentucky · 1915
- Cincinnati Tobacco Warehouse Co. v. Leslie & Whittaker's TrusteeCourt of Appeals of Kentucky · 1904
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