Coppage v. Johnson
Court of Appeals of Kentucky
Case 101 — ACTION TO FORECLOSE CHATTEL MORTGAGE}— APPEAL PROM HART CIBCtTIT COURT. A mortgage 'Should be recorded in the county where the property is at the time it is put to record. Singleton v. Young’s exrs., 3 Dana, 559; 1 Stat. Law., 449; Vaughn v. Bell, 9 B. Mon., 447; Ky. Stats., Sec. 49'5; Finley’s exrs. v. Linch, 2 Bibb, 666; Taylor v. McDaniel’s hrs., 2 Bibb, 420; Garrison v. Haydon, 1 J. J. Mar., 222; Low v. Blinco, 10 Bush, 331. The answer of Coppage was not good.
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Case 101 — ACTION TO FORECLOSE CHATTEL MORTGAGE}— APPEAL PROM HART CIBCtTIT COURT. A mortgage 'Should be recorded in the county where the property is at the time it is put to record. Singleton v. Young’s exrs., 3 Dana, 559; 1 Stat. Law., 449; Vaughn v. Bell, 9 B. Mon., 447; Ky. Stats., Sec. 49'5; Finley’s exrs. v. Linch, 2 Bibb, 666; Taylor v. McDaniel’s hrs., 2 Bibb, 420; Garrison v. Haydon, 1 J. J. Mar., 222; Low v. Blinco, 10 Bush, 331. The answer of Coppage was not good. It was nowhere alleged in that answer that he was a purchaser for a valuable consideration without notice of the…
1Opinion of the Court
JUDGE WHITE
delivered the opinion op ti-ie court.
This action was begun by appellee, Johnson, in the quarterly court of Hart county, to enforce a mortgage lien on *621a horse owned by appellant, Coppage, but which was owned by one Vinson when the mortgage was executed. There was a personal judgment against Vinson by default, and he is not a party to this appeal.
Appellant denied the existence of the lien as to him, claiming to be an innocent purchaser for value, without notice; and this is the sole question presented.
The facts shown by the proof are that in May, 1895, appellee, Johnson, sold the…
2Cases cited2 opinions
- Singleton v. Young's ExecutorsCourt of Appeals of Kentucky · 1835
- Vaughn v. BellCourt of Appeals of Kentucky · 1849
3Cited by8 opinions
- Banks v. CommonwealthCourt of Appeals of Kentucky · 1911
- Swofford Bros. Dry Goods Co. v. OwenSupreme Court of Oklahoma · 1913
- Burbank & Burbank v. BobbittCourt of Appeals of Kentucky · 1914
- Miller Supply Co. v. Louisa Water Co's AssigneeCourt of Appeals of Kentucky · 1908
- Beaver Creek Consol. Coal Co. v. Porter Min. Co.District Court, E.D. Kentucky · 1929
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