Cawood's Trustee in Bankruptcy v. Pope

Opinion of the Court by

Judge Logan

Affirming.

In the case of Hood v. Pope et al., 233 Ky. 749, 26 S. W. (2d) 1043, it was held that the mortgage executed to Charles H. Pope by G. T. Cawood was a valid mortgage, and that it took precedence over the lien granted by the levy o£ an execution in favor of Sid Lewis on the same property. Lewis had obtained a judgment against Cawood for $4,000, and execution had been placed in the hands of the sheriff before the execution of the mortgage to Pope, but it was held in that case that the execution created no lien on the property because the sheriff was…