Meazels v. Martin
Court of Appeals of Kentucky
Case 12 — PETITION EQUITY APPEAL FROM WEBSTER CIRCUIT COURT. The mortgage is not effectual against the appellant, Sarah E. Meazels, because not properly signed.
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Case 12 — PETITION EQUITY APPEAL FROM WEBSTER CIRCUIT COURT. The mortgage is not effectual against the appellant, Sarah E. Meazels, because not properly signed. (Civil Code, sec. 732, sub-sec. 7; Gen. Stat., chap. 24; Kent’s Com., p. 494; Billington v. Commonwealth, 79 Ky., 400.) Even if the mortgage was not signed by the wife, as required by subsection 7 of section 732 of the Civil Code, the subsequent acknowledgment by her of the mortgage was such a ratification of the signature as estops her from denying its genuineness. (Eorsythe v. Banta, 5 Bush, 547; Bishop on Contracts, sec. 345; Gen.…
1Opinion of the Court
JUDGE BENNETT
delivered the oplnion oe the court.
The appellant, R. Y. Meazels, executed a mortgage on a tract of land in Webster county, to secure the payment of a note which he executed to the appellee’s assignor.
It appears that the appellant, Sarah E. Meazels, attempted to relinquish her dower in said land by signing the mortgage by making her mark, she not being able to write her name, and by acknowledging the same before the county clerk to be her act and deed. There was no attesting witness to the mark of the appellant, Sarah. She pleads non est factum.
Section 732, sub-section 7, Civil…
2Cases cited2 opinions
- Ragan v. ChenaultCourt of Appeals of Kentucky · 1880
- Billington v. CommonwealthCourt of Appeals of Kentucky · 1881
3Cited by7 opinions
- Galloway v. BradburnCourt of Appeals of Kentucky · 1904
- Cunningham's Administrator v. SpeagleCourt of Appeals of Kentucky · 1899
- Terry v. JohnsonCourt of Appeals of Kentucky · 1901
- Love v. GibbsCourt of Appeals of Kentucky (pre-1976) · 1938
- Staples v. Bedford Loan & Deposit BankCourt of Appeals of Kentucky · 1895
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