Petry v. Randolph
Court of Appeals of Kentucky
Case 48— APPEAL PROM SHELBY CIRCUIT COURT. (Brief not in record.) 1. An assignee for the benefit of creditors, by the execution of the deed of assignment, acquires a lien which, like any other lien, is superior to any lien subsequently acquired.
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Case 48— APPEAL PROM SHELBY CIRCUIT COURT. (Brief not in record.) 1. An assignee for the benefit of creditors, by the execution of the deed of assignment, acquires a lien which, like any other lien, is superior to any lien subsequently acquired. (Civil Code, sec. 438; Zaring, &c., v. Cox, 78 Ky., 527; Gibson v. Moore, 7 B. M., 92; Repplier v. Buck, Potter, &c., 5 B. M„ 96.) 2. The lien of the assignee is superior to the lien of the landlord acquired by the taking out of .a distress warrant, subsequent to the execution of the deed of assignment, for rent that has been due more than 120 days.…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
A deed of assignment' for the benefit of creditors divests the assignor of title. The qualification required by the statute by the taking of an oath and the execution of a bond by the assignee does not affect it, but is merely for the security of those interested.
The single question, therefore, presented by this appeal is, whether a landlord can acquire a superior lien for rent, which has been due less than six, but more than four months, by the suing out and levy of a distress warrant upon the tenant’s property upon the leased premises, but after…
2Cases cited1 opinion
- Gedge v. ShoenbergerCourt of Appeals of Kentucky · 1885
3Cited by4 opinions
- Wender Blue Gem Coal Co. v. Louisville Property Co.Court of Appeals of Kentucky · 1910
- In re Falls City Shirt Mfg. Co.District Court, D. Kentucky · 1899
- Caudill Coal Co. v. Solner Mining Co.Court of Appeals of Kentucky · 1923
- Von Cotzhausen v. BarkerCourt of Appeals of Kentucky · 1913