Gaar, Scott & Co. v. Lyons
Court of Appeals of Kentucky
Case 95 — PETITION EQUITY and PETITION ORDINARY— APPEALS FROM HARDIN CIRCUIT COURT. 1. There is nothing in the provisions of section 249 of the Civil Code giving a mortgagee of personal property a right to a specific attachment against the mortgaged property under the circumstances and conditions therein named, which is inconsistent with his levying a general attachment on such property, or which takes away the ri'ght to levy a general attachment on the mortgaged property.
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Case 95 — PETITION EQUITY and PETITION ORDINARY— APPEALS FROM HARDIN CIRCUIT COURT. 1. There is nothing in the provisions of section 249 of the Civil Code giving a mortgagee of personal property a right to a specific attachment against the mortgaged property under the circumstances and conditions therein named, which is inconsistent with his levying a general attachment on such property, or which takes away the ri'ght to levy a general attachment on the mortgaged property. Any creditor has the right to levy a general attachment upon mortgaged personal property, and why may not the mortgagee…
1Opinion of the Court
JUDGE LANDES
delivered tiie opinion of the court.
These two cases were by agreement heard in this court together. The first is an appeal from the judgment of the Hardin Circuit Court, rendered in an action brought by the appellants against the appellee to recover on two notes, foir $200 each, executed by the appellee for a separator, fixtures and appurtenances, which were secured by a mortgage on the same property, a yoke of oxen and a small parcel of land in Breckinridge county, and to subject the mortgaged property to the payment of the notes.
At the commencement of the action a general…
2Cases cited1 opinion
- Robertson & Cleary v. ShuttCourt of Appeals of Kentucky · 1873
3Cited by4 opinions
- Singer Sewing Machine Co. v. DyerCourt of Appeals of Kentucky · 1913
- Dyer v. Singer Sewing Machine Co.Court of Appeals of Kentucky · 1915
- Palmer v. United States ex rel. LaneCourt of Appeals for the D.C. Circuit · 1914
- Browning v. CrawfordCourt of Appeals of Kentucky · 1911