Sternberger v. Gowdy
Court of Appeals of Kentucky
Case 25 — PETITION EQUITY APPEAL PROM TAYLOR CIRCUIT COURT. The lion ought not to have been given on the homestead to pay appellee’s judgment for $137.60, or any part of it. If the appellee ever had any lien it was waived by the execution of the note upon which judgment was rendered. Besides,'there never was any claim set up under the mechanic’s lien law.
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Case 25 — PETITION EQUITY APPEAL PROM TAYLOR CIRCUIT COURT. The lion ought not to have been given on the homestead to pay appellee’s judgment for $137.60, or any part of it. If the appellee ever had any lien it was waived by the execution of the note upon which judgment was rendered. Besides,'there never was any claim set up under the mechanic’s lien law. Appellee can not now be allowed to pick out certain items from the two accounts for the unpaid balance of which the note was executed and say that these certain items in the aggregate of $137.60 make the sole consideration for said $137.60…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
In January, 1885, tbe appellant, wbo was a housekeeper with a family, purchased one, hundred acres of land *147lying in Taylor county, Ky., near Campbellsville, Ky., for the purpose of residing thereon with his family. Not long after the purchase of land the appellant erected a residence house thereon, and moved into it as a housekeeper with a family about the 6th day of June, 1885. The appellant also purchased one-third of an acre of land, adjoining said one hundred acres, for the purpose of ■completing an eligible building spot, which formed a…
2Cited by5 opinions
- State Ex Rel. Sanford v. RiddleSupreme Court of Alabama · 1925
- Stidham v. O'neals' Adm'rCourt of Appeals of Kentucky (pre-1976) · 1932
- Patterson v. Bank of British ColumbiaOregon Supreme Court · 1895
- Graham v. HummCourt of Appeals of Kentucky · 1921
- In re LyonDistrict Court, E.D. Kentucky · 1929