Graham v. Hardin's
Court of Appeals of Kentucky
Chancery* From the Circuit Court for Franklin County. An amendment to a writ of error to make it include a decree to which it does not apply and aa to which time has barredthe to* et when the aznendment is offered, will not be allowed. A decree foreclosing a mortgage—tho’ there may be subseXesamecause^ is a finaMecree, w^of«Toriles) ?ta«y timowithm three years— after which it is barred.
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Chancery* From the Circuit Court for Franklin County. An amendment to a writ of error to make it include a decree to which it does not apply and aa to which time has barredthe to* et when the aznendment is offered, will not be allowed. A decree foreclosing a mortgage—tho’ there may be subseXesamecause^ is a finaMecree, w^of«Toriles) ?ta«y timowithm three years— after which it is barred. Intimitation, thatwhere a demand gngereitbone0of which Chancery would have jurisdiction independent of the mortgage, there may be a decree in personam, on a bill filed for a foreclosure and general relief; but…
1Opinion of the CourtChief Justice Robertson
On a bill filed by Elizabeth Hardin, executrix of Martin D. Hardin, deceased, for foreclosing a mortgage by the plaintiffs in error, to indemnify him as their surety to a large amount, and also for obtaining general relief—the Circuit Court, in March, 1830, having ascertained the amount due in consequence of payments which had been made by the surety, made a nisi decree, warning the plaintiffs that unless they should pay the sum so ascertained to be due on or before the first day of the succeeding term of the Court, the mortgage would be foreclosed.
At the succeeding July term, the money not…
2Cited by3 opinions
- Kirby v. RunalsIllinois Supreme Court · 1892
- Tucker v. YellSupreme Court of Arkansas · 1869
- Ex parte CrittendenSupreme Court of Arkansas · 1850