Bartlett v. Borden
Court of Appeals of Kentucky
Case 7 — PETITION ORDINARY APPEAL FROM FULTON CIRCUIT COURT. By the execution of the mortgage the appellee divested himself of the legal title, and by the terms of the mortgage the legal title could •only revest in him by a compliance with its conditions. There is no exception to the rule that the plaintiff in ejectment must be clothed with the legal title at the time the action is instituted.
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Case 7 — PETITION ORDINARY APPEAL FROM FULTON CIRCUIT COURT. By the execution of the mortgage the appellee divested himself of the legal title, and by the terms of the mortgage the legal title could •only revest in him by a compliance with its conditions. There is no exception to the rule that the plaintiff in ejectment must be clothed with the legal title at the time the action is instituted. (Whitley v. Bramble, 9 B. Mon. 147; Coxe v. Joiner, 8 Bibb. 297; An■derson v. Turner, 8 A. K. Marsh. 134; McGoodwin v. Stephenson, 11 B. Mon. 21; Brookover v. Hurst, 1 Met. 665.) A mortgagor, even after…
1Opinion of the CourtChief Justice Lindsay
This is an action for the recovery of real property, instituted by Samuel Borden against Bartlett & Cromwell. The plaintiff exhibited on the trial a complete chain of title back to the commonwealth. The defendants showed no color of title in themselves, but exhibited to the court, to whom the cause had been submitted without the intervention of a jury, a deed of mortgage executed and delivered by the plaintiff to Jas. M. Borden on the 19th day of February, 1857, to secure the payment of a debt of $1,600, due two years from the date of the mortgage. There was proof tending to show that this…
2Cases cited2 opinions
- Douglass v. ClineCourt of Appeals of Kentucky · 1876
- Thomas v. HarknessCourt of Appeals of Kentucky · 1877
3Cited by2 opinions
- Ashley v. CookSupreme Court of Georgia · 1900
- McDowell v. WisemanCourt of Appeals of Kentucky · 1881