McGrath v. Berry
Court of Appeals of Kentucky
Case 34 — PETITION EQUITY APPEAL FROM MARION CIRCUIT COURT. The mortgage, which did not waive the homestead right in this case, reads as follows, to wit: “ This indenture, made and entered into this 23d day of November, 1871, between John McGrath and Catharine McGrath, his wife, of Marion County, Ky., of the first part, and N. T. Berry, of the county and state aforesaid, of the second part, witnesseth, that whereas the said McGrath is indebted to the said Berry ... in the…
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Case 34 — PETITION EQUITY APPEAL FROM MARION CIRCUIT COURT. The mortgage, which did not waive the homestead right in this case, reads as follows, to wit: “ This indenture, made and entered into this 23d day of November, 1871, between John McGrath and Catharine McGrath, his wife, of Marion County, Ky., of the first part, and N. T. Berry, of the county and state aforesaid, of the second part, witnesseth, that whereas the said McGrath is indebted to the said Berry ... in the sum of $1,348.79, . . . and in order to secure the payment of said note and its interest at said rate, he the said McGrath…
1Opinion of the CourtChief Justice Lindsay
In tbe mortgage from McGrath to Berry Mrs. McGrath did not join as a grantor. She is mentioned as a party of the first part, and she signed and acknowledged the instrument; but she did not join in the grant, nor in any manner express in terms her intention either to relinquish dower or to join her husband in waiving his right to the homestead exemption.
She was not an active participant in the act creating the mortgage-lien, and is apparently but a nominal party to the mortgage.
*395But appellee contends that the act under which the homestead exemption must be claimed does not make it necessary for…
2Cases cited2 opinions
- Wing v. HaydenCourt of Appeals of Kentucky · 1874
- Harpending's Ex'rs v. WylieCourt of Appeals of Kentucky · 1877
3Cited by10 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Honaker v. CecilCourt of Appeals of Kentucky · 1886
- Hill v. LancasterCourt of Appeals of Kentucky · 1889
- Arnett v. Salyersville National BankCourt of Appeals of Kentucky (pre-1976) · 1931
- Withers v. PughCourt of Appeals of Kentucky · 1891
5 more not listed; retrieve them via the Exa API.