C. H. Brown Banking Co. v. Stockton
Court of Appeals of Kentucky
Case 77 — CONFLICT OF LIENS APPEAL PROM CAMPBELL CIRCUIT COURT. The sole question in this appeal is whether Robt. H. Stockton acquired a lien upon the real estate of Logan H. Taylor set out and described in the petition, which was prior to the lien of ■appellant under its mortgage. • No case can be found having any analogy to the case at bar sustaining an equitable lien upon real estate.
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Case 77 — CONFLICT OF LIENS APPEAL PROM CAMPBELL CIRCUIT COURT. The sole question in this appeal is whether Robt. H. Stockton acquired a lien upon the real estate of Logan H. Taylor set out and described in the petition, which was prior to the lien of ■appellant under its mortgage. • No case can be found having any analogy to the case at bar sustaining an equitable lien upon real estate. Such a lien can not be asserted to the prejudice of a mortgagee with his mortgage of record. Ky. Stats. (Barbour & Carroll), secs. 494, 49'6, 497; Ex parte Willis, 1 Ves. Jr., 162; Flag v. Mann, &c., 2…
1Opinion of the Court
JUDGE WHITE
delivered the opinion or the cotjet.
In November, 1889, there was executed and delivered to appellee, Stockton, a writing as follows,, viz.:
“Columbia, Mo., Nov. 27, 1889. Mr. Samuel Bigstaff, Trustee of Jas. Taylor Estate, Newport, Ky. — Sir: Out of the first money coming to your hands from the estate of James Taylor, deceased, which is due to Logan H. Taylor, the grandson of said James Taylor, deceased, or to said Logan H. Taylor’s mother, Elizabeth A. More (he having deeded his portion of said estate to her), please pay to Robert EL Stockton or order seven thousand dollars, with…
2Cases cited3 opinions
- Arnold's Ex'rs v. Arnold's Adm'rCourt of Appeals of Kentucky · 1850
- Rawlings' ex'r v. LandesCourt of Appeals of Kentucky · 1867
- Smith's Admx. v. Smith's Admr.Court of Appeals of Kentucky · 1884
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- Smith's Admx. v. Smith's Admr.Court of Appeals of Kentucky · 1884
- Tait v. DanteCourt of Appeals for the Fourth Circuit · 1935
- Cascade Security Bank v. ButlerWashington Supreme Court · 1977
- Cascade Security Bank v. ButlerWashington Supreme Court · 1977