Jones v. Higgins
Court of Appeals of Kentucky
Case 78 — EQUITY APPEAL FROM GARRARD CIRCUIT COURT. . 1. That the deed between Jones and Gano did. not correctly state the contract hi reference to the debt due to appellee Higgins, as clearly pleaded and proved. 2. The sole object of the record of a deed or mortgage is constructive notice of its contents to all subsequent purchasers and mortgagees.
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Case 78 — EQUITY APPEAL FROM GARRARD CIRCUIT COURT. . 1. That the deed between Jones and Gano did. not correctly state the contract hi reference to the debt due to appellee Higgins, as clearly pleaded and proved. 2. The sole object of the record of a deed or mortgage is constructive notice of its contents to all subsequent purchasers and mortgagees. (Jones on Mortgagees, sec. 557.) 3. The decision of the court below gives appellee, by substitution, what he is not entitled to. Neither subrogation nor substitution has any application to this case. (1 Story’s Eq., sec. 635.) • 4. There is no…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
This case was once affirmed by a divided court, and -arehéaring granted, the case again argued, and is now under-submission for the second time. One of the appellants, B. M. Jones, being desirous of raising money to relieve him from pecuniary embarrassment, applied to his friend, R. M:. Gano, to assist him in borrowing the money. The amount needed was ten thousand dollars, and by a negotiation began-by the appellant, R. M. Gano, and concluded by both Gano and Jones, the money was obtained from the appellee Higgins for the period of three years,…
2Cited by9 opinions
- Marr-Piper Co. v. BullisTexas Commission of Appeals · 1928
- United States v. Jane WoodCourt of Appeals for the Sixth Circuit · 1989
- Edwards v. BealsTexas Commission of Appeals · 1925
- Lawrence Nat. Bank v. RiceCourt of Appeals for the Tenth Circuit · 1936
- Rhodes v. RhodesCourt of Appeals of Kentucky (pre-1976) · 1953
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