Hess v. Deppen
Court of Appeals of Kentucky
CASE 48. -ACTIONS BY R. O. DEPPEN AND OTHERS AGAINST H. C. HESS, AGAINST THE LOUISVILLE BANKING CO. AND AGAINST THE WESTERN NATIONAL BANK TO HAVE CERTAIN MORTGAGES AND BONDS CANCELLED FOR FRAUD. Appeal from Jefferson Circuit Court, Second Chancery Branch. Samuel B. Kirby, Judge. Judgment for plaintiffs. Defendants appeal.
Read the full summary
CASE 48. -ACTIONS BY R. O. DEPPEN AND OTHERS AGAINST H. C. HESS, AGAINST THE LOUISVILLE BANKING CO. AND AGAINST THE WESTERN NATIONAL BANK TO HAVE CERTAIN MORTGAGES AND BONDS CANCELLED FOR FRAUD. Appeal from Jefferson Circuit Court, Second Chancery Branch. Samuel B. Kirby, Judge. Judgment for plaintiffs. Defendants appeal. CLASSIFICATION OF QUESTIONS AND AUTHORITIES. 1. When the plaintiff has not purchased' the property of the defendant at the judicial sale or execution sale thereof, but has only received under the judgment a part of the proceeds of sale, he need after the reversal of the…
1Opinion of the Court
*429Opinion op the Court by
Judge Hobson
Reversing.
Appellants held certain bonds áiid mortgages which had been assigned to them by the German American Title Company. Appellees brought this action to have the mortgages and bonds canceled for fraud in their procurement; Appellants answered deuying that the bonds and mortgages were procured by fraud and praying their enforcement. The circuit Court adjudged appellants the relief sought, and appellees appealed to this court, where the judgment was reversed; See Deppen v. German American Title Company, 70 S. W. 868, 72 S. W. 768, 24 Ky. Law Rep. 1110,…
2Cases cited11 opinions
- Bridges v. McAlisterCourt of Appeals of Kentucky · 1899
- Forman v. HuntCourt of Appeals of Kentucky · 1835
- Mark v. . HyattNew York Court of Appeals · 1892
- Thompson v. ReasonerIndiana Supreme Court · 1890
- Hayden v. ShedMassachusetts Supreme Judicial Court · 1814
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lytle v. Payette-Oregon Slope Irrigation DistrictOregon Supreme Court · 1944
- Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
- Dodson v. ButlerSupreme Court of Arkansas · 1912
- City of Oakland v. ButeauCalifornia Supreme Court · 1934
- Interior Securities Co. v. CampbellMontana Supreme Court · 1919
13 more not listed; retrieve them via the Exa API.