1. Home
  2. Browse Decisions
  3. S.W.2d
  4. 838 S.W.2d
  5. 838 S.W.2d 403 (1992)
 

CUMBERLAND LUMBER v. FIRST & FARMERS BANK

Nos. 91-CA-109-MR, 91-CA-110-MR.

838 S.W.2d 403 (1992)

CUMBERLAND LUMBER COMPANY, Appellant, v. FIRST AND FARMERS BANK OF SOMERSET, INC., Appellee. and LOWE'S HOME CENTERS, d/b/a Lowe's of Somerset, Appellant, v. FIRST AND FARMERS BANK OF SOMERSET, INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 11, 1992.

Attorney(s) appearing for the Case

Larry F. Sword, Somerset, for appellant, Cumberland Lumber Co.

David Ora Smith, Marcia A. Smith, Corbin, for appellant, Lowe's Home Centers.

Norma B. Adams, Adams & Adams, Attorneys at Law, Somerset, for appellee, First and Farmers Bank of Somerset.

M. Thurman Senn, M. Brooks Senn, Senn, Miller & Smith, Louisville, for amicus curiae, Kentucky Bankers Ass'n.

Before GUDGEL, HUDDLESTON and McDONALD, JJ.

McDONALD, Judge.

The issue presented in these consolidated appeals is whether the interest of a pendente lite lienholder in real property survives the judicial sale of the property incident to a foreclosure action to which the lienholder was neither a party nor had actual notice of the proceedings. The trial court concluded the interest was extinguished, and we agree the law requires such a result.

The facts necessary...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases