Legal Opinion

Swigert v. Bank of Kentucky

Court of Appeals of Kentucky

Decided July 1, 1856PublishedCited by 1 opinion

Case 28. In Chancery. APPEALS FROM LOIHSV1LLE CHANCERY COURT. The appellant, Swigert, complains that the chancellor erred in not applying the proceeds of the sale of the Boone lands to the discharge of the debt due to Pope, and the debt upon which Thomas A. Marshall, John Joyes, and James Birney were sureties; and what remained of those debts should have been first paid out of the proceeds of the sale of Rose-dale, and the remainder decreed to him. 1. He complains also,…

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Case 28. In Chancery. APPEALS FROM LOIHSV1LLE CHANCERY COURT. The appellant, Swigert, complains that the chancellor erred in not applying the proceeds of the sale of the Boone lands to the discharge of the debt due to Pope, and the debt upon which Thomas A. Marshall, John Joyes, and James Birney were sureties; and what remained of those debts should have been first paid out of the proceeds of the sale of Rose-dale, and the remainder decreed to him. 1. He complains also, because the court decreed to Pilcher any part of the fund arising from the sale of the Boone lands, and gave to Pilcher and…

1Opinion of the Court

Judge Simpson

delivered the opinion of the court:

William S. Pilcher, having a judgment against J. J. Marshall, and a return on an execution which issued thereon, of “ no property,” filed a bill on the 24th of April, 1845, in the Louisville chancery court, against the defendant in the judgment, for a discovery, and for the purpose of subjecting his estate to the payment of the debt.

The complainant filed an amended bill, on the 6th of February, 1846, by which he made Jacob Swigert, the Bank oí Kentucky, and other persons defendants. lie set out various mortgages and liens, that weie asserted by…

2Cases cited3 opinions

  1. Addison v. Crow & JarvisCourt of Appeals of Kentucky · 1837
  2. Bank of Kentucky v. Vance's AdministratorsCourt of Appeals of Kentucky · 1823
  3. Bailey v. WelchCourt of Appeals of Kentucky · 1843

3Cited by1 opinion

  1. Star Drilling Machine Co. v. McLeodCourt of Appeals of Kentucky · 1906

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