Taliaferro v. Gay
Court of Appeals of Kentucky
Case 99 — EQUITY— APPEAL FROM CLAR1C CIRCUIT COURT. 1. The parties, by their own act, converted the debt of L. W. Gay as-guardian into his individual debt. 2. The first sale being void, the attaching creditors of the mortgagor are entitled to the proceeds of the rent note, although made payable to-the guardian for whose wards the property was purchased. 3. John H. Goff, guardian, has no right of set-off by reason of holding the note confessedly made payable to him by…
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Case 99 — EQUITY— APPEAL FROM CLAR1C CIRCUIT COURT. 1. The parties, by their own act, converted the debt of L. W. Gay as-guardian into his individual debt. 2. The first sale being void, the attaching creditors of the mortgagor are entitled to the proceeds of the rent note, although made payable to-the guardian for whose wards the property was purchased. 3. John H. Goff, guardian, has no right of set-off by reason of holding the note confessedly made payable to him by mistake. 4. Appellants having been led to sue out-the attachment by reason of Goff s assertion that his debt had been paid, he…
1Opinion of the Court
JUDGE HINES
delivered the opinion op the court.
John H. Goff, guardian, loaned $17,000 of his wards’ money to J. P. Gay, and took a mortgage, to secure the payment thereof, on a certain tract of land. In the fall of 1874 the guardian brought suit and obtained a decree to sell the land to pay the debt, and having sold it and taken possession, he rented it to B. A. and J. T. Tracy for the year 1875, for the sum of $1,485, and took the note, payable to himself as guardian, and due January, 1876. The special commissioner directed to make the sale, having failed to execute bond, did not report this…
2Cases cited4 opinions
- Cornell v. . DakinNew York Court of Appeals · 1868
- Parks v. DotyCourt of Appeals of Kentucky · 1878
- Riggs v. WhiteTennessee Supreme Court · 1871
- Sloane v. WilliamsonTennessee Supreme Court · 1871
3Cited by16 opinions
- Mercantile Trust Co. v. South Park Residence Co.Court of Appeals of Kentucky · 1893
- City of Henderson v. AshbyCourt of Appeals of Kentucky · 1918
- Noel v. HarperCourt of Appeals of Kentucky · 1916
- Whittaker v. Farmers' Nat. Bank SomersetCourt of Appeals of Kentucky (pre-1976) · 1931
- Goodin v. WilsonCourt of Appeals of Kentucky · 1903
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