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BENNETT v. BOURNE

No. 98-SC-1023-DG.

5 S.W.3d 124 (1999)

Charles BENNETT; Annetta Bennett; Dock Bennett; Frona Bennett; and Stonington Properties, Appellants, v. John C. BOURNE and Martha J. Bourne, Appellees.

Supreme Court of Kentucky.

November 18, 1999.

Attorney(s) appearing for the Case

William P. Thurman, Jr., Thurman, White, McCann & Anderson, Lexington, for Appellants.

Robert L. Gullette, Jr., Gullette & Gullette, Nicholasville, Brian Thomas Goettl, Gullette & Gullette, Nicholasville, for Appellee.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed and remanded the summary judgment granted to Stonington Properties by the circuit court in a foreclosure action involving the enforceability of a mortgage.

The principal issue is whether the mortgage on the Bourne property was void because Stonington Properties was not licensed as a mortgage loan company pursuant to Chapter 294 of the Kentucky Revised Statutes at...

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