Bill Monroe mandolin battle in court

Subject: Bill Monroe mandolin battle in court
From: open mike
Date: 02 Aug 04 - 08:31 PM

Monroe Mando Trial Pushed Back
July 14, 2004

The Kentucky trial over rights of possession of the mandolin Bill Monroe used to create bluegrass has been pushed back. The trial, which pits the Bill Monroe Bluegrass Foundation against Monroe's son James, was set to begin this week but was postponed due to the illness of one of the lawyers involved. The younger Monroe sold the hallowed 1923 Gibson F-5 to the foundation in 2002 for $1.1 million. Only $162,500 was paid towards the debt after the foundation's funding collapsed. James Monroe wishes to regain custody of the instrument so that he can sell it and pay off inheritance taxes.
this was posted on the folk alley news

Subject: RE: Bill Monroe mandolin battle in court
From: mack/misophist
Date: 02 Aug 04 - 10:07 PM

The legal system is often insane. Everybody knows that. But the Bluegrass Foundation must have some excuse for holding on to the mando. Does any one know what it is?

Subject: RE: Bill Monroe mandolin battle in court
From: open mike
Date: 03 Aug 04 - 12:21 AM

probably got somthin to do with the $162,500

Subject: RE: Bill Monroe mandolin battle in court
From: Stilly River Sage
Date: 03 Aug 04 - 12:51 AM

So they turn it over and place something like a lis pendens¹ lien against it in federal court for $162,000, to be paid upon sale of the mandolin. How difficult can that be? And it sure would be a helluva lot cheaper than fighting about it and paying all of those over-fed lawyers.

It has been my experience that simply threatening such a lien is enough to get the erring party to cough up the property or the cash.

SRS

¹ "A legal notice recorded to show pending litigation relating to real property and giving notice that anyone acquiring an interest in said property subsequent to the date of the notice may be bound by the outcome of the litigation."

Subject: RE: Bill Monroe mandolin battle in court
From: The Shambles
Date: 03 Aug 04 - 02:07 AM

Is it a bit like like 'Dueling Banjos'?

A shame that no one appears to be playing it.

Subject: RE: Bill Monroe mandolin battle in court
From: Richard Bridge
Date: 03 Aug 04 - 12:58 PM

A mandolin is not real property, it is personal property.

Subject: RE: Bill Monroe mandolin battle in court
From: Willie-O
Date: 04 Aug 04 - 08:04 AM

Ummm, if you buy something on a payment plan, make the down payment but no subsequent payments, the seller can repossess the item and doesn't owe you a damn thing. You're in default, you lose out.

Maybe if they're feeling generous they'll refund part or all of your down payment, but they don't have to if the buyer was the one who didn't follow the agreement of sale.