Legal Opinion

Taylor v. U. S. Bldg. & Loan Assn's Assignee

Court of Appeals of Kentucky

Decided February 20, 1901PublishedCited by 1 opinion

Case 8 — Action to Enforce Mortgage Lien — APPEAL FROM OWEN CIRCUIT COURT. Judgment for Plaintiff and Defendant — A. P. Taylor Appeals.— There seems to he two questions in this case: First.

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Case 8 — Action to Enforce Mortgage Lien — APPEAL FROM OWEN CIRCUIT COURT. Judgment for Plaintiff and Defendant — A. P. Taylor Appeals.— There seems to he two questions in this case: First. Whether the suit of the Deposit Building & Loan Association against Doty, &c., .in the Fayette Circuit Court, wherein Taylor was made a party and sought to have his lien enforced on the Owen county land, constituted a Us pendens as to that land, so that the court’s judgment rendered in that case would bind the defendant, Doty, and his vendors. Second. Whether the XJ. S. Building & Loan Association was…

1Opinion of the Court

*86Opinion of the court by

JUDGE GUFFY

Reversing.

In 1893, the appellant, Taylor, entered into a contract in writing with G. W. Doty, by which the latter traded to appellant three lots in Lexington and some other property, in consideration of 100 acres of land in Owen county and some other property. It is claimed that the contract was signed by both parties, and the possession exchanged, and each party agreed to make to the other a deed of general warranty. The appellant and wife, by deed in May, 1893, acknowledged, delivered, and lodged for record in the county of Owen in June, 1.893, conveyed…

2Cases cited13 opinions

  1. Tilton v. CofieldSupreme Court of the United States · 1876
  2. Kellar v. StanleyCourt of Appeals of Kentucky · 1887
  3. Tate v. HawkinsCourt of Appeals of Kentucky · 1884
  4. Doty v. Deposit Building & Loan Ass'nCourt of Appeals of Kentucky · 1898
  5. McIlwrath v. HollanderSupreme Court of Missouri · 1880

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3Cited by1 opinion

  1. Poor v. HudsonCourt of Appeals of Kentucky · 1882

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