Kentucky Building & Loan Ass'n v. Kister
Court of Appeals of Kentucky
Case 56 — PETITION EQUITY 1. The lien given by section 14, chap. 70, of the General Statutes, to a mechanic or a material-man, is not intended to invalidate any previously existing lien created by the act of the parties; and the lien of the mechanic or material-man must have attached to the property before the date of the purchase, to authorize him to create a lien upon the unpaid purchase money under the provisions of that section.
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Case 56 — PETITION EQUITY 1. The lien given by section 14, chap. 70, of the General Statutes, to a mechanic or a material-man, is not intended to invalidate any previously existing lien created by the act of the parties; and the lien of the mechanic or material-man must have attached to the property before the date of the purchase, to authorize him to create a lien upon the unpaid purchase money under the provisions of that section. Garry v. Cushing, 5 Bush, 307; Foushee v. Grigsby, 12 Bush, 75; Nunes v. Wellsch, &c., 12 Bush, 363; Jones v. Jeffries, 11 Bush, 636. 1, Taking the evidence and…
1Opinion of the Court
JUDGE PAYNTER
beliybmp the opinion oe the court.
On the 27th of September, 1892, P. J. & J. M. Johnson executed and delivered to the Kentucky Building and Loan Association a mortgage on certain property in Bowling Green to secure a note for $650. The Johnsons desired !o build a house, and by this means sought to obtain money from the association, from which, in part, they were tO' erect a house on 1he property embraced in the mortgage. While their note was executed and'delivered for the whole amount, yet the money was to be paid in installments as the work progressed on the house, with the view…
2Cases cited2 opinions
- Foushee v. GrigsbyCourt of Appeals of Kentucky · 1876
- Gere v. CushingCourt of Appeals of Kentucky · 1869
3Cited by3 opinions
- Kentucky Lumber & Mill Work Co. v. Kentucky Title Savings Bank & Trust Co.Court of Appeals of Kentucky · 1919
- Luigart v. Lexington Turf ClubCourt of Appeals of Kentucky · 1908
- Ringo v. McFarland, County JudgeCourt of Appeals of Kentucky (pre-1976) · 1930