108 Ky. 713 | Ky. Ct. App. | 1900
Aitteming.
Appellee, the Blue Grass Building & Loan Association, filed this suit on September 8, 1896, against appellants, James Griffith and wife, to recover against him on a note executed by him to it of date September 22, 1894, for the sum of |1,400, and to foreclose a mortgage given by him and his wife to secure the payment of the money. It was alleged in the petition that the land could be divided without materially impairing its value, and that there were no other liens on it known to the plaintiff. Judgment was prayed against the husband for the debt, and that the land, or so much of it as might be necessary, should be sold. A summons was issued, upon the petition, and duly served on appellants. No steps were taken in the action until January 15, 1898, when an order was made filing an amended petition. In this amended petition certain credits were set up on accounts of payments made by Griffith on the debt, which, as alleged, reduced the amount due by him to the sum of $1,215.10; and it was further stated that James G. Fisher had a lien on the land by mortgage executed to him by Griffith and wife on Jone 20, 1895, for $384.96 and interest, which was inferior to the lien of plaintiff. Fisher was made defendant to this amended petition, and in it judgment was prayed against James Griffith for $1.215.10, with interest; also for a prior lien on the land, and that Fisher’s lien be adjudged subordinate, and the land sold, first, to pay plaintiff’s debt,' and then, if anything was left, to be applied to the lien of Fisher. On the same day that this amended petition was filed, James C. Fisher appeared, and filed his answer and cross petition, in which he set up the same facts as to his debt and mortgage that had been set up in the amended petition, and
The objection to the proceeding is that, although process was duly served .on the original petition of the building