Miller v. McConnell
Court of Appeals of Kentucky
Case 32 — Action by Lizzie McConnell, &o., against Robert Miller and Others to Enforce a Mortgage Lien. APPEAL FROM FAYETTE CIRCUIT COURT — WATT'S PARKER, CIRCUIT JUDGE. JUDGMENT FOR PLAINTIFFS AND DEFENDANT APPEALS. In this action to enforce mortgage liens appellants complain of the judgment: 1. Although the mortgages were filed, the conditions upon which they were to become absolute were not stated in the pleadings.
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Case 32 — Action by Lizzie McConnell, &o., against Robert Miller and Others to Enforce a Mortgage Lien. APPEAL FROM FAYETTE CIRCUIT COURT — WATT'S PARKER, CIRCUIT JUDGE. JUDGMENT FOR PLAINTIFFS AND DEFENDANT APPEALS. In this action to enforce mortgage liens appellants complain of the judgment: 1. Although the mortgages were filed, the conditions upon which they were to become absolute were not stated in the pleadings. No facts were stated from which it would appear to the court that any conditions were contained in the mortgages or were broken. 2. An exhibit will not cure a defective pleading…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
The petition and cross petition seeking to collect debts owing by appellants to appellees, secured by mortgages, failed to set out the condition of the mortgages or their breach. The only issue made was whether the consideration had partly failed as to one debt and as to certain payments upon the other. On these issues the circuit court adjudged the case in favor of appellees, the suing creditors. The judgment also decreed an enforcement of the mortgage liens and sale of the mortgaged property to satisfy them. This appeal presents the sole question…
2Cases cited2 opinions
- Huffaker v. National BankCourt of Appeals of Kentucky · 1876
- Murphy v. EstesCourt of Appeals of Kentucky · 1869
3Cited by3 opinions
- Holzknecht v. Louisville Deutsche Scheutzen GesselschoftCourt of Appeals of Kentucky · 1922
- Catron v. JonesCourt of Appeals of Kentucky (pre-1976) · 1939
- City of Ashland v. Brown's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1942