Jett v. Rogers
Court of Appeals of Kentucky
Case 15 — PETITION EQUITY APPEAL PROM PRANKLIN CIRCUIT COURT. The acknowledgment of the mortgage by the married woman in this case was effectual both as to her dower and her husband’s homestead right.
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Case 15 — PETITION EQUITY APPEAL PROM PRANKLIN CIRCUIT COURT. The acknowledgment of the mortgage by the married woman in this case was effectual both as to her dower and her husband’s homestead right. (Hughes & Co. v. Coleman, 10 Bush, 246; Talbott’s devisees v. Hooser, 12 Bush, 408; Moorman v. Board, 11 Bush, 135.) 1. The clerk’s certificate that a married woman acknowledged a deed before him is evidence that the clerk did all that the statute requires, but it is only presumptive or prima fade evidence, and like all other evidence of that grade or character may be rebutted or controverted by…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion or the court.
It appears from the exhibits and proof in this cause that appellants, previous to Nov. 11, 1874, had become bound as indorsers of appellee, Thomas P. Rogers, for several hundred dollars, and that appellant W. L. Jett held a note on him for over $900; and to secure the appellants against loss by-reason of their having indorsed appellee, T. P. Rogers’s, paper, as well as to secure the claims of appellants, the appellees, T. P. Rogers and wife, executed a mortgage to appellants.This mortgage bears date 11th of November, 1874.
This mortgage also…
2Cases cited4 opinions
- Ford v. TealCourt of Appeals of Kentucky · 1870
- Woodhead v. FouldsCourt of Appeals of Kentucky · 1870
- Hughes & Co. v. ColemanCourt of Appeals of Kentucky · 1874
- Moorman v. BoardCourt of Appeals of Kentucky · 1874