Feltman v. Chinn

• Decision Date: 26 October 1897
• Citation: 43 S.W. 192
• Parties: FELTMAN et al. v. CHINN.
• Court: Kentucky Court of Appeals

43 S.W. 192

FELTMAN et al. v. CHINN.

Court of Appeals of Kentucky.

October 26, 1897

Appeal from circuit court, Mason county.

"Not to be officially reported."

Action by George F. Chinn against James Davis to enforce an agistor's lien, consolidated with an action by appellants against James Davis in which an attachment was levied upon the same property. Judgment giving George F. Chinn priority and H. Feltman & Co. appeal. Reversed.

L. W Robertson and A. M. J. Cochran, for appellants.

GUFFY J.

The appellants instituted this action in the Mason circuit court against James Davis to recover an amount of $7,000, besides interest, and obtained an attachment against the property of said Davis, which was levied upon certain crops and certain stock, consisting of horses and mules. Annie E. Davis claimed some of the property levied on, which it seems, by final agreement, was surrendered to her. The appellee, Chinn, seems to have instituted suit in equity to enforce an agistor's lien upon some of the stock levied on, which suit was consolidated with the suit of appellants against Davis. Chinn also claimed to be the owner of part of the crops levied on and also a portion of the stock, and claimed the lien aforesaid for feeding and pasturing certain other stock. A jury trial was had, and it seems the jury found for Chinn as to the property claimed by him, and also found in his favor on his alleged claim for feeding and caring for the stock as claimed by him. Thereupon the court adjudged to Chinn the hayrake, old buggy, an undivided one-half interest in the crop of tobacco raised by Nathan Smith, the crop of tobacco in the barn near the house, and the corn in the crib, and 40 shocks in the field, old bay horse 20 years old, bay mare 7 years old, white mare 16 years old, iron-gray mule 19 years old, and bay horse mule 12 years old,-all of which was attached in the action. The court further adjudged that Chinn recover of Davis $500, with interest, and that he has a lien on the 10 horses belonging to defendant Davis for the sum of $500 for the pasturing and keeping of same, which lien is prior and superior to the lien and attachment of H. Feltman &amp Co. herein. Said 10 horses have been sold by order pending this action, and, as appears from the report of sale, sold for $380.50 on July 27, 1895. The interest on the bond amounted to $8.68. It is now ordered and adjudged that J. C. Jefferson, commissioner, pay...