Hensey v. Hensey's Adm'r
Court of Appeals of Kentucky
Case 32 — PETITION EQUITY APPEAL FROM NICHOLAS CIRCUIT COURT. 1. There is’no release or waiver of the homestead exemption in a mortgage unless executed by husband and wife and recorded in the same manner as conveyances of real estate are recorded. The allegation of the ' answer that the mortgage was neither recorded nor lodged for record not being denied must be taken as true.
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Case 32 — PETITION EQUITY APPEAL FROM NICHOLAS CIRCUIT COURT. 1. There is’no release or waiver of the homestead exemption in a mortgage unless executed by husband and wife and recorded in the same manner as conveyances of real estate are recorded. The allegation of the ' answer that the mortgage was neither recorded nor lodged for record not being denied must be taken as true. (Brame and wife v. Craig, 12 Bush, 404.) 2. The debtor is entitled to a homestead if he is residing on the land at the time it is attempted to be 'subjected. (Pish v. Hunt, 81 Ky., 687; Nicholls v. Sennett, 78 Ky.,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
This action was brought by the appellee to forciose a mortgage on the husband’s land, executed by the appellants, as husband and wife, to the appellee’s intestate. It is alleged in the petition that the mortgage was executed, acknowledged and delivered by the appellants; but *165it is not alleged that it was recorded or lodged for record. But the appellants allege in their answer that the mortgage was not recorded or lodged for record, and that they, at the time the action to foreclose the mortgage' was brought, were, with their family, living on…
2Cited by8 opinions
- Mount v. Fourth Street BankCourt of Appeals of Kentucky · 1913
- Clay's Committee v. WashingtonCourt of Appeals of Kentucky · 1919
- Sousley v. Citizens Bank of NeptonCourt of Appeals of Kentucky · 1916
- Ballenger v. LesterCourt of Appeals of Kentucky · 1902
- Holder's Adm'r v. HolderCourt of Appeals of Kentucky · 1905
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