Carlisle v. Jumper
Court of Appeals of Kentucky
Case 41 — EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. This is purely a contest between equities, and must be determined by rules well established. In cases of conflicting equities, the maxim is, that precedency in time gives the advantage in right.
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Case 41 — EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. This is purely a contest between equities, and must be determined by rules well established. In cases of conflicting equities, the maxim is, that precedency in time gives the advantage in right. (Chenoweth v. Williamson, 2 Bibb, 40; Duvall v. Guthrie, 3 lb., 532 ; Van-meter v. McFadden, 3 B. Mon., 441; Growing v. Behn, 10 lb., 385; Jackson v. Holloway, 14 lb., 134; Dorsey v. Reese, lb., 158; Forepeah v. Appold, 17 lb., 031; Newby v. Hall, 2 Met., 533.) 2. Notice is immaterial. (Stephens v. Benton, 1 Duvall, 116; Hunt v. Sturdevant, 4 B.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
In September, 1863, J. C. Beyland conveyed to H. M. Sewell a tract of land in the county of Campbell in consideration of two notes on one Ogden, that were transferred by Sewell to Beyland. The notes were not paid at maturity, and Beyland instituted an action in equity to enforce his lien on the land. The parties litigated the issue as to whether any lien was retained to secure the payment of the two notes, and that litigation resulted in a judgment selling the land to satisfy the lien. During the progress of that action, the notes or claim of…
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