Judges: Clay
Filed Date: 3/23/1928
Status: Precedential
Modified Date: 11/9/2024
Affirming.
Thomas Newcomb, who had been transporting liquor in a Buick roadster, was convicted, and the court ordered the machine forfeited to the commonwealth. Thereupon George F. Bonnell, who had a chattel mortgage on the machine, intervened, and asserted a prior valid lien. A demurrer was sustained to the intervening petition, and the petition was dismissed. On appeal it was held that the allegations of the petition were sufficient to show a prior valid lien, and the judgment was reversed, with directions to overrule the demurrer to the intervening petition. Herold Motor Car Co. v. Commonwealth,
In view of the language of the statute, the burden was on appellant to allege and prove that he had a valid recorded lien. Section 2554a12, Kentucky Statutes, Baldwin's 1926 Supplement. To this end he alleged that Newcomb was a resident of Hamilton county, Ohio, and that the mortgage was there recorded. On the return of the case the commonwealth joined issue as to the residence of Newcomb. This placed the burden on appellant to establish Newcomb's residence in Hamilton county. Burbank Burbank v. Bobbitt,
Judgment affirmed.