Seiler v. Northern Bank
Court of Appeals of Kentucky
Case 19 — PETITION EQTJIT Y APPEAL PROM KENTON CHANCERY COURT. 1. A deed absolute upon its face may be shown to be only a mortgage. (Secrost v. Turner, 2 J. J. M., 471; Oldham v. Halley, 2 J. J. M., 115; Bright, &c., v. Wagle, 3 Dana, 252; Honoré v. Hutchings, 8 Bush, 695; De France v. De France, 34 Pa. St., 385; Jones on Mortgages, vol. 1, sec. 327.) 2. All errors that could have been corrected on first appeal must on second appeal be regarded as settled.
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Case 19 — PETITION EQTJIT Y APPEAL PROM KENTON CHANCERY COURT. 1. A deed absolute upon its face may be shown to be only a mortgage. (Secrost v. Turner, 2 J. J. M., 471; Oldham v. Halley, 2 J. J. M., 115; Bright, &c., v. Wagle, 3 Dana, 252; Honoré v. Hutchings, 8 Bush, 695; De France v. De France, 34 Pa. St., 385; Jones on Mortgages, vol. 1, sec. 327.) 2. All errors that could have been corrected on first appeal must on second appeal be regarded as settled. (Davis v. McCorkle, 14 Bush, 746; Mason v. Mason, 5 Bush, 187; Bordv. Gregory, 10 B. M., 175; Bierer v. Bretz, 14 Pacific Reporter, 558;…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
Charles Geisbauer died heavily indebted, and the ■owner of a large brewery. In order to prevent its .sale at the suit of creditors, his executor and devisees .•applied to the appellee, the Northern Bank of Kentucky, for a loan, to be secured by a mortgage on the property. It was refused.
T Subsequently the property was conveyed to the bank by the widow, heirs and executor for the consideration of sixty thousand dollars by a deed absolute in form. ‘.Simultaneous with this conveyance the appellee sold ;and agreed to reconvey it to Louis Geisbauer, a…
2Cited by10 opinions
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- Charles v. ThackerCourt of Appeals of Kentucky · 1916
- Munford v. Green's AdministratorCourt of Appeals of Kentucky · 1898
- White v. NicholsCourt of Appeals of Kentucky · 1919
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