Johnston v. Ferguson
Court of Appeals of Kentucky
CASE 38 — PETITION EQUITY — APPEAL* PROM LOUISVILLE CHANCERY COURT. cited Story’s Eq., sec. 1373 ; 2 Leading Cases in Equity, part 2, 404, 394, (ed. 1852 :) 4 Mon., 493 ; 1 J. J. Mars., 397 ; 4 Beav., 379 ; lb., 383 ; S. C., 6 Beav., 110; lb., 118; 2 Leading Cases in Equity, part 2, 360; 17 Wend., 422; 5 Peters, 624; 1 Eng. Law and Eq., 1; 14 111., 20; Parsons on Mer. Law, 67, note 3 ; 5 Hill, 640; 1 Fon.
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CASE 38 — PETITION EQUITY — APPEAL* PROM LOUISVILLE CHANCERY COURT. cited Story’s Eq., sec. 1373 ; 2 Leading Cases in Equity, part 2, 404, 394, (ed. 1852 :) 4 Mon., 493 ; 1 J. J. Mars., 397 ; 4 Beav., 379 ; lb., 383 ; S. C., 6 Beav., 110; lb., 118; 2 Leading Cases in Equity, part 2, 360; 17 Wend., 422; 5 Peters, 624; 1 Eng. Law and Eq., 1; 14 111., 20; Parsons on Mer. Law, 67, note 3 ; 5 Hill, 640; 1 Fon. Equity, 39, book 1, sec. 7, note w; 1 Wash., 279; 4 Bibb, 76; 10 Ohio, 305; 17 lb., 105 ; 22 Conn., 548; 9 B. Mon., 7; 4 Grecnlcaf’s Cruise, 272, title 32, chap. 21, sec. 71; Rev. Stat.,…
1Opinion of the CourtChief Justice Simpson
delivered the opinion of the court :, This action was brought by Ferguson to foreclose a mortgage which had been executed to him by James Johnston and Ellen C. Johnston, his wife, to secure the payment of a debt of two thousand dollars, for money which hé loaned to the husband on the day the deed was executed, acc ording to the recitals therein contained.
The property mortgaged belonged to the wife, and consisted of a lot of ground in the city of Louisville. The husband *505having died during the pendency of the action, the validity of the mortgage is contested by the wife, on several grounds.
First…
2Cited by7 opinions
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- Daniel's Devisees v. DanielCourt of Appeals of Kentucky · 1871
- Fitch v. StevensMassachusetts Supreme Judicial Court · 1842
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