Terrill v. Jennings
Court of Appeals of Kentucky
CASE 18 — PETITION EQUITY APPEAL FROM GARRARD CIRCUIT COURT. The facts appear in the opinion of the court. 1. The liability of the plaintiffs, as sureties for the mortgagor, is denied by the mortgagee in his answer, and not proved. 2. The court erred in prematurely appointing a receiver and ordering a sale of the mortgaged property, there being no allegation or proof of danger to the rights of creditors. 3. Persons, not parties to the action, claiming tobe creditors, should…
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CASE 18 — PETITION EQUITY APPEAL FROM GARRARD CIRCUIT COURT. The facts appear in the opinion of the court. 1. The liability of the plaintiffs, as sureties for the mortgagor, is denied by the mortgagee in his answer, and not proved. 2. The court erred in prematurely appointing a receiver and ordering a sale of the mortgaged property, there being no allegation or proof of danger to the rights of creditors. 3. Persons, not parties to the action, claiming tobe creditors, should prove their claims before the master after reference, and not be allowed to come into the action by cross-petition. (Aci…
1Opinion of the CourtChief Justice Simpson
On the 3d day of February, 1858, A. C. Terrill mortgaged to his father, 0. Terrill, some personal property, for the purpose, as recited in the mortgage, of indemnifying the mortgagee as the security of the mortgagor, on a note to Merrill and Johnston for the sum of $74 52, executed at the same time, and also as his security to Benjamin Schooler for the rent of about thirty-four and one half acres of land, due the first of January, 1858; and also for ,the purpose of securing the payment of a debt of four hundred and five dollars and forty cents, which he owed to the mortgagee, and which was…
2Cited by25 opinions
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1916
- Evans v. EvansCourt of Appeals of Kentucky · 1892
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Abbott v. AbbottSupreme Judicial Court of Maine · 1863
- Lyon v. ProutyMassachusetts Supreme Judicial Court · 1891
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