Wilkerson v. Phillips
Court of Appeals of Kentucky
Case 70 — Action by M. F. -Phillips and J. H. Wilkerson to Attach the Interest op R. L. McClure in the Estate of Mrs. C. B. McClure, Deceased. APPEAL PliOM WARREN CIRCUIT COURT-B. W. BRADBURN, JUDGE; From the Judgment Wilkerson Appeals. (No brief for appellant in the record.) POINTS AND AUTHORITIES. 1. The institution of the action constitutes a Us pendens lien on the fund in controversy.
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Case 70 — Action by M. F. -Phillips and J. H. Wilkerson to Attach the Interest op R. L. McClure in the Estate of Mrs. C. B. McClure, Deceased. APPEAL PliOM WARREN CIRCUIT COURT-B. W. BRADBURN, JUDGE; From the Judgment Wilkerson Appeals. (No brief for appellant in the record.) POINTS AND AUTHORITIES. 1. The institution of the action constitutes a Us pendens lien on the fund in controversy. Parsons v. Meyburg, 1 Duv., 206; Huffman v. Thomas, 2 Duv., 106; Murphy, &e. v. Cochran’s Trustee, 80 Ky., 239. 2. Description necessary to make the Us pendens lien. Price y. Taylor, &c., 22 Ky. Law Rep..…
1Opinion of the Court
Opinion of the court by
Chief Justice BURJNAM
Affirming.
The issue in this case is the priority pf liens between two attaching creditors of R. L. McClure. On the 5th day of *560September, 1902, the appellee as surviving partner of H. & Hines & Co., brought her action in the Warren circuit court against R. L. McClure upon a return of nulla bona After reciting her judgment and return of nulla bona indorsed on the execution which issued thereon, she alleged that on the -day of September, 1902, Mrs. C. B. McClure had died a resident of Warren county, the owner of certain property, leaving the defendant…
2Cases cited2 opinions
- Murphy v. Cochran's trusteeCourt of Appeals of Kentucky · 1882
- Price v. CapertonCourt of Appeals of Kentucky · 1864
3Cited by2 opinions
- Inverultra, S.A. v. WilsonKentucky Supreme Court · 2014
- Hatcher-Powers Shoe Company v. SparksCourt of Appeals of Kentucky (pre-1976) · 1930