75 S.W.2d 517 | Ky. Ct. App. | 1934
Affirming.
By virtue of a deed dated November 4, 1925, the Crab Orchard Banking Company had a vendor's lien on certain described real property in Lincoln county "known as the Crab Orchard Milling Company," "including all the buildings and appurtenances of every kind on said lot." On April 11, 1929, the property was mortgaged to the First State Bank of Eubank, Ky. After the description there follows:
"This mortgage to include all buildings, machinery and personal property of any and all description which is now held by said Company or to be acquired."
After the creation of the vendor's lien there were added to the mill a meal packer, a batch mixer, a flour dresser, a feed mill, and a vita cereal mill, and other property not in controversy. *801
In this action by the Crab Orchard Banking Company to enforce its lien, the First State Bank of Eubank filed its answer, counterclaim, and cross-petition, denying the lien of the Crab Orchard Banking Company, and asserting a prior lien on the property above named. The Crab Orchard Banking Company was adjudged a prior lien on the property, and the First State Bank of Eubank appeals.
Appellant insists that chattels attached to the freehold subsequent to the execution of the deed or mortgage, and not mentioned therein, will not be subject to the lien of the vendor or mortgagee, unless they are so attached that they cannot be removed without detriment to the original contract lien of the vendor or mortgagee. It is true that the law has been stated in the above form, Clore v. Lambert,
Judgment affirmed. *802