Legal Opinion

Hounshell v. Clay Fire Insurance

Court of Appeals of Kentucky

Decided October 6, 1883PublishedCited by 2 opinions

Case 47 — EQUITY APPEAL PROM CAMPBELL CHANCERY COURT. 1. Appellee knew that the separate estate of married women could not be sold or encumbered but by order of a court of equity. (Session Acts 1867-’8, p. 5; Gen. Stat., sec. 17, art. 4, ch. 52; Hirshman v. Brashear, 79 Ky.

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Case 47 — EQUITY APPEAL PROM CAMPBELL CHANCERY COURT. 1. Appellee knew that the separate estate of married women could not be sold or encumbered but by order of a court of equity. (Session Acts 1867-’8, p. 5; Gen. Stat., sec. 17, art. 4, ch. 52; Hirshman v. Brashear, 79 Ky. Rep., 258.) 2. The acceptance of the Hevener note with the surrender of the lien notes, and the payment of $2,000 additional, having satisfied the vendor’s lien, it was extinguished independent of Berry’s release. (Muir v. Cross, 10 B. Mon., 282; Gaines v. Casey, lb. 94.) Appellants could not, as against Berry, claim that…

1Opinion of the CourtChief Justice Hargis

In 1869 A. S. Berry sold, and with his wife conveyed, to Mrs. Lucy S. Hounshell, a house and lot to her own separate and exclusive use, the consideration being $6,000, of which $1,500 was paid, leaving the residue to be paid in installments, with a lien reserved in the deed to secure their payment.

By an agreement with the appellee, the Clay Fire and Marine Insurance Company, and A. S. Berry, in 1872, Mrs. Hounshell and her husband, for the purpose of paying the purchase-money to Berry, executed a mortgage and two notes therefor to Berry, who assigned the first one, which was for $3,000, and…

2Cited by2 opinions

  1. Saylor v. HiltonCourt of Appeals of Kentucky · 1921
  2. Merchants' & Mechanics' Building & Loan Ass'n v. JarvisCourt of Appeals of Kentucky · 1892

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