Kinser v. Robertson

Opinion by

Judge Cofer:

The mortgage to the appellant is valid as> to A. J. Robertson, and the conveyance to his wife being voluntary and subsequent in date to the creation of the indebtedness to Mrs. Kinser, is void as to her, and the debt having been created before the passage of the homestead law we perceive no valid reason why the mortgage may not be enforced.

The liability was created in 1863 or 1864. The execution of the note and mortgage did not extinguish the old liability, but merely furnish evidence in a different form of the existence of the debt. Lowry v. Fisher, et al., 2 Bush 70;…