Aultman-Taylor Co. v. Frasure
Court of Appeals of Kentucky
Case 75 — PETITION EQUITY APPEAL FROM FLOYD CIRCUIT COURT. 1. The bare preponderance of evidence is not sufficient to overturn the presumption that the officer did his duty, especially when the officer himself testifies that he took the acknowledgment of the wife separate and apart from her husband, and that she did freely and voluntarily acknowledge it.
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Case 75 — PETITION EQUITY APPEAL FROM FLOYD CIRCUIT COURT. 1. The bare preponderance of evidence is not sufficient to overturn the presumption that the officer did his duty, especially when the officer himself testifies that he took the acknowledgment of the wife separate and apart from her husband, and that she did freely and voluntarily acknowledge it. (Hughes & Co. v. Coleman, &c., 10 Bush, 248.) 2. Mrs. Erasure having induced appellant Butcher to buy the land without intimating that she claimed it is estopped to deny his title. (BatclifFe v. Bellfonte Iron Works, 10 Ky. Law Bep., 646;…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion oe ti-ie court.
Tlie Aultman-Taylor Company brought this action against William T. and Cynthia Frasure to recover on notes given to it by him for purchase price of a steam saw-mill, and also to subject a tract of land on which they, March 1, 1884, executed a mortgage to secure the debt. Judgment was rendered against him on the notes7 *431and by sale of the mill one of them was paid. But she, her husband refusing to join, filed a separate answer, alleging the mortgage was void because she signed and acknowledged it in presence of her husband and under coercion…
2Cases cited2 opinions
- Pribble v. HallCourt of Appeals of Kentucky · 1877
- Harpending's Executors v. WylieCourt of Appeals of Kentucky · 1878
3Cited by4 opinions
- Dukes v. DavisCourt of Appeals of Kentucky · 1907
- Hall v. HallCourt of Appeals of Kentucky · 1904
- Bingham v. AndersonCourt of Appeals of Kentucky · 1923
- City Bank & Trust Co. v. Planters Bank & Trust Co.Court of Appeals of Kentucky · 1917