McKibben v. Worthington's
Court of Appeals of Kentucky
Case 51 — PETITION EQUITY — APPEAL PROM MASON CIRCUIT COURT. 3. In order to entitle the plaintiff to a judgment in an action under the provisions of sec. 692 of the Civil Code, under Which all the liens may be enforced, it must be alleged in the petition that the defendant lien holders actually have liens and what those liens are at the time of the filing of the suit and that they are unsatisfied and have not been discharged. 2. The section of the Code named treats the…
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Case 51 — PETITION EQUITY — APPEAL PROM MASON CIRCUIT COURT. 3. In order to entitle the plaintiff to a judgment in an action under the provisions of sec. 692 of the Civil Code, under Which all the liens may be enforced, it must be alleged in the petition that the defendant lien holders actually have liens and what those liens are at the time of the filing of the suit and that they are unsatisfied and have not been discharged. 2. The section of the Code named treats the answer of the lien, holder in such a case as a counter-claim or set-off, which must be replied to at once, without any…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion op the court.
To secure the payment of three notes, dated February 1, 1894, one to W. H. Rice for $1,045, one to John W. Boulden for $3,580, one to the State National Bank for $2,100, the appellant, J. A. McKibben, executed and delivered to the parties named a mortgage on a certain *359tract of land situated in Mason county, Ky. Tlie executors of the will of T. T. Worthington, deceased, held the Rice note and instituted this action thereon to recover a personal judgment against the appellant, McKibben, and to enforce the lien created on the land by the mortgage.…
2Cited by6 opinions
- Fisher v. EvansCourt of Appeals of Kentucky · 1917
- Safety Motor Coach Co. v. Maddin's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1936
- Griffith v. Bluegrass Building & Loan Ass'nCourt of Appeals of Kentucky · 1900
- Fitzpatrick v. CostiganCourt of Appeals of Kentucky (pre-1976) · 1929
- KeyBank National Ass'n v. AllenCourt of Appeals of Kentucky · 2016
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