Smith v. American Tobacco Co.

Opinion op the Court by

Chiep Justice Hobson—

Reversing.

In tbe year 1890 Peter P. Smith, being indebted to the Deposit Bank of Owensboro, in the sum of four thousand five hundred ($4,500) dollars executed a mortgage to it on some real estate he owned in Owensboro, to secure the debt, his wife, Lizzie F. Smith, not uniting in the mortgage. He failed to pay the debt and the bank brought suit against him to foreclose the mortgage, his wife not being a party to the suit. Judgment was entered in the action and the property was sold and bought by the bank. The mortgage contained no convenanf of…