Sutherland v. Reconstruction Finance Corporation

220 S.W.2d 577, 310 Ky. 260, 1949 Ky. LEXIS 902

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: May 10, 1949
• Status: Published

Opinion

Opinion of the Court by

Judge Helm

Reversing.

This appeal is a companion case of Pape v. Sutherland, 310 Ky. 199, 220 S. W. 2d 372.

Appellee, Reconstruction Finance Corporation, by its petition prayed judgment against James W. Sutherland for $500 with interest. Appellee, Buckeye Union Fire Insurance Co., by its petition as amended prayed judgment against James W. Sutherland for $2,989.04. Appellant, Robert E. Hogan, prayed judgment against James W. Sutherland for 331/3% of the amount recovered in the Pape v. Sutherland case, supra, in which Sutherland recovered judgment for $4,700.

On January 23, 1948, judgment was entered awarding appellee, Buckeye Union Fire Insurance Co., a first lien on the Sutherland judgment for the sum of $2,989.04, awarding appellee, Reconstruction Finance Corporation, a second lien on the judgment for the sum of $500, and awarding Robert Hogan a third lien against the judgment for the sum of $1,210.96, all totaling $4,700, the amount of the Sutherland judgment.

Appellants, Robert E. Hogan and James W. Suth erland, and appellees, Reconstruction Finance Corporation and Buckeye Union Fire Insurance Co. stipulated, agreed and jointly moved tbe court as follows:

“2. In tbe event tbe $4700.00 judgment in favor of Sutherland against Pape is reversed, that tbe mandate of this court reserve decision upon question of tbe relative priorities of tbe claims asserted by intervening petitions, and direct tbe trial court again to adjudicate tbe same in tbe event plaintiff in tbe trial court should again recover judgment upon a new trial.”

Tbe judgment in tbe companion case of Pape v. Sutherland, supra, having been reversed, tbe judgment of January 23, 1948, in this case is reversed, with directions that mandate issue in accordance with tbe foregoing stipulation.