Kentucky National Bank v. Louisville Bagging Co.
Court of Appeals of Kentucky
Case 62 — PETITION EQUITY — APPEAL PROS! JEFFERSON CIRCUIT COURT, CHANCERY DIVISION, The chancellor erred in taking any part of the proceeds of the sale of this property in lien to appellants for the payment of the attorney’s fees of appellee, as assignee, or of any costs or expenses in this case except so far as the court costs are directly incident to the enforcement of the rights of appellants.
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Case 62 — PETITION EQUITY — APPEAL PROS! JEFFERSON CIRCUIT COURT, CHANCERY DIVISION, The chancellor erred in taking any part of the proceeds of the sale of this property in lien to appellants for the payment of the attorney’s fees of appellee, as assignee, or of any costs or expenses in this case except so far as the court costs are directly incident to the enforcement of the rights of appellants. (In matter of accounting of Dean, 86 N. Y., 398; Lithauer v. Royle, 17 N. J. Eq., 40; 2 Jones on Mortages, sec. 1708; Upperton v. Harrison, 7 Sim-ons, 444; Tipping v. Power, 1 Hare, 405; Barnes v.…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
On tbe 2d day of March, 1891, the Louisville Bagging Manufacturing Company made a deed of trust to the Fidelity Trust and Safety Vault Company, by which it mortgaged to that company certain real estate and machinery, to secure bonds payable to bearer, amounting to fifty-thousand dollars.
The principal part, if not all, of these bonds were held by the appellants, the Kentucky National Bank, the Merchants National Bank and the National Bank of Cynthiana. *373This deed of trust created a first lien upon the property. To secure various notes which the…
2Cases cited5 opinions
- Bridgford v. BarbourCourt of Appeals of Kentucky · 1882
- Loth & Haas v. CartyCourt of Appeals of Kentucky · 1887
- Exchange & Deposit Bank v. StoneCourt of Appeals of Kentucky · 1882
- In the Matter of the Accounting of DeanNew York Court of Appeals · 1881
- Dobyns v. Dobyns' assigneeCourt of Appeals of Kentucky · 1880
3Cited by10 opinions
- Reid v. Owensboro Savings Bank & Trust Co.Court of Appeals of Kentucky · 1911
- Ky. Mutual Invest. Co.'s Assignee v. SchaeferCourt of Appeals of Kentucky · 1905
- Cheatham v. Tennell's AssigneeCourt of Appeals of Kentucky · 1916
- Cin. Leaf Tob. Warehouse v. CombsCourt of Appeals of Kentucky · 1900
- Power Grocery Co. v. HintonCourt of Appeals of Kentucky · 1920
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