Magill v. Mercantile Trust Co.
Court of Appeals of Kentucky
Case 20 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The language used in the deed to Mrs. Magill creates in her a separate estate. (Guishaber v. Hairman. 2 Bush, 321; 2 Story’s Equity Juris., sec. 1382; 2 Roper on Legacies, * pp. 1414, 1415; -v. Lyne, 1 Younge, 562; 1 Bishop Law of Married Women, sec. 828; Ex parte Ray, 1 Madd.
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Case 20 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The language used in the deed to Mrs. Magill creates in her a separate estate. (Guishaber v. Hairman. 2 Bush, 321; 2 Story’s Equity Juris., sec. 1382; 2 Roper on Legacies, * pp. 1414, 1415; -v. Lyne, 1 Younge, 562; 1 Bishop Law of Married Women, sec. 828; Ex parte Ray, 1 Madd. Ch., 119; Adamson v. Armitage, 19 Vesey, 416; Lind-sell v. Thacker, 12 Simons, 178; Lamb v. Milnes, 5 Vesey, 517; Rich v. Cockrill, 9 Vesey, 377; Wills v. Sayers, 4 Madd. Ch., 409; Pritchard v. Hines, 1 Tur. & Rus., 222; Stanton v. Hall, 2 Rus. & Mil., 175; Tyne…
1Opinion of the Court
JUDGE HINES
delivered the opinion op the court.
Appellant, T. W. Magill, borrowed of appellees three thousand five hundred dollars, for the security of which he and his wife executed a mortgage on the undivided half interest of the wife in certain real estate. Subsequently, the amount of the loan was extended to five thousand dollars, the old mortgage canceled, and 'a new one executed by Magill and wife on the entire property, the wife having acquired title to the other half. The terms of the bond, executed to the Trust Company, were to the effect that a default in paying interest authorized…
2Cases cited2 opinions
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Hirschman v. BrashearsCourt of Appeals of Kentucky · 1881
3Cited by15 opinions
- Hays v. SturgillCourt of Appeals of Kentucky (pre-1976) · 1946
- Southern National Life Realty Corp. v. Peoples BankCourt of Appeals of Kentucky · 1917
- Coe v. Frederick E. Muller & Gulf Pine Co.Supreme Court of Florida · 1917
- Estes v. GatliffCourt of Appeals of Kentucky (pre-1976) · 1942
- Epstein & Bro. v. M. Ferst & Co.Supreme Court of Florida · 1895
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