Legal Opinion

Collins v. Richart

Court of Appeals of Kentucky

Decided March 15, 1879PublishedCited by 14 opinions

Case .35 —PETITION EQUITY APPEAL FROM BATH CIRCUIT COURT. 1. The appointment of receivers is regulated by the Civil Code.

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Case .35 —PETITION EQUITY APPEAL FROM BATH CIRCUIT COURT. 1. The appointment of receivers is regulated by the Civil Code. (Old Code, secs. 328, 329.) 2. The chancellor has no jurisdiction to appoint receivers, in a case-like this, independent of the Civil Code: (High on Receivers, secs. 557, 559, 560, 562, 663; Jordan v. Beal, 51 Ga. 602.) 3. Appellees had no right to give notice and take depositions at one place at the same time appellant was engaged in taking depositions under regular notice at another place.

1Opinion of the Court

JUDGE HINES

delivered the opinion of the -court.

In 1874 appellant Julia A. Collins purchased of J. N. Manley a tract of land, for which she and her husband, P. O. *622Collins, agreed to pay, within twelve months, $956.15. Manley executed a deed to Julia A. Collins for the land, reserving a lien to secure the purchase-price, which was evidenced by the note of appellants. This note, for a valuable consideration, was assigned by Manley to appellees, who, after maturity, instituted an action thereon, and sought to enforce their lien on the land. Appellants answer and say they are housekeepers, with a…

2Cases cited2 opinions

  1. Douglass v. ClineCourt of Appeals of Kentucky · 1876
  2. Newport & Cincinnati Bridge Co. v. DouglassCourt of Appeals of Kentucky · 1877

3Cited by14 opinions

  1. Cecil v. Cecil's Exors.Court of Appeals of Kentucky · 1919
  2. Elkhorn Hazard Coal Co. v. FairchildCourt of Appeals of Kentucky · 1921
  3. McClure v. McGeeCourt of Appeals of Kentucky · 1908
  4. Fleming v. Virginia Mining Co.Court of Appeals of Kentucky · 1922
  5. Mayfield v. WrightCourt of Appeals of Kentucky · 1900

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