Creech v. Abner
Court of Appeals of Kentucky
Case 26 — ACTION TO ENFORCE MORTGAGE — APPEAL FROM LEE CIRCUIT COURT. 1. The right of appellees to enforcement of a lien against the land depends upon their right to recover their debt of E. G. Creech and as against Creech the petition is fatally defective, first, in failing to-allege any promise to pay, or, second, any contract, from which a.promise may-be implied.
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Case 26 — ACTION TO ENFORCE MORTGAGE — APPEAL FROM LEE CIRCUIT COURT. 1. The right of appellees to enforcement of a lien against the land depends upon their right to recover their debt of E. G. Creech and as against Creech the petition is fatally defective, first, in failing to-allege any promise to pay, or, second, any contract, from which a.promise may-be implied. Moxley’s Admr. v. Moxley 2 Met., 309; Howard v. Chiles, 8 B. M., 377. Further, it is not alleged that E. G. 'Creech failed to pay the -debt sued on. An allegation that E. G. Creech is indebted to the plaintiff is insufficient to…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
Tbe appellees instituted suit in the Lee circuit court, seeking to obtain' a judgment against E. G. Oreech for the sum of $360, and also claimed a lien, and sought the enforcement of the same, upon a tract of land alleged to have been mortgaged or conveyed to the said. Abners to secure the debt aforesaid. The appellants^ Enoch Creech and Emily Parsons, were also made parties to the suit, it being alleged in the petition that Parsons asserted *241some sort of fictitious claim upon the land, and that appellant Enoch Creech held the legal title to the…
2Cases cited2 opinions
- Huffaker v. National BankCourt of Appeals of Kentucky · 1876
- Murphy v. EstesCourt of Appeals of Kentucky · 1869
3Cited by12 opinions
- Owsley v. OwsleyCourt of Appeals of Kentucky · 1903
- Padgett v. DeckerCourt of Appeals of Kentucky · 1911
- Tippenhauer v. TippenhauerCourt of Appeals of Kentucky · 1914
- Nelson v. JohnsonCourt of Appeals of Kentucky · 1920
- Prewitt v. BullCourt of Appeals of Kentucky (pre-1976) · 1930
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