Morgan v. Wickliffe
Court of Appeals of Kentucky
Case 27 — Action by Wickliffe against Morgan to Enforce a Mortgage Lien on Land. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. ¡Section 579, Civil Code, does not require misprisions to be indicated in notice. Appellant respectfully urges that his case be reversed: 1. Because the bond to • the non-resident defendant, Fannie C. Morgan, required by section 410, Civil Code, has not been executed.
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Case 27 — Action by Wickliffe against Morgan to Enforce a Mortgage Lien on Land. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. ¡Section 579, Civil Code, does not require misprisions to be indicated in notice. Appellant respectfully urges that his case be reversed: 1. Because the bond to • the non-resident defendant, Fannie C. Morgan, required by section 410, Civil Code, has not been executed. Failure to execute bond to non-resident is not a clerical misprision, but an error. Payne v. Witherspoon, 14 B. M.,' 27; Brownfield v. Dyer, 7 Bush, 507. While it is…
1Dissent
Judge O’Rear’s
dissenting opinion:
The petition for rehearing relied upon the cases of Tisdale v. Risk, 7 Bush, 141; Melone v. Armstrong, 79 Ky., 248; Ratcliffe v. Mason, 92 Ky., 190, 13 R., 551, 17 S. W., 438; Johnson v. Cantrill, 92 Ky., 59, 13 R., 497, 17 S. W., 206. Those cases were not overlooked on the former consideration of the case. But a reference to them will disclose that every one of them involved a sale of lands to satisfy a purchase-money lien. The statute being construed and applied provided that the wife should not be endowed of land of her husband, sold in good faith to…
2Cases cited5 opinions
- Tisdale v. RiskCourt of Appeals of Kentucky · 1870
- Melone v. ArmstrongCourt of Appeals of Kentucky · 1881
- Ratcliffe v. MasonCourt of Appeals of Kentucky · 1891
- Helm v. BoardCourt of Appeals of Kentucky · 1902
- Johnson v. CantrillCourt of Appeals of Kentucky · 1891