Legal Opinion

Eberhardt v. Wahl's Admr.

Court of Appeals of Kentucky

Decided January 9, 1907PublishedCited by 10 opinions

CASE 29. — ACTION BY THE ADMINISTRATOR OP LEWIS WAHL AGAINST JACOB EBERHARDT. AND OTHERS IN WHICH ELLA EBERHARDT THE WIPE OP JACOB EBERHARDT INTERVENED.— Appeal from Daviess Circuit' Court. T. F. Birkhead, Circuit Judge. Judgment for plaintiff. Defendant and intervener appeals.

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CASE 29. — ACTION BY THE ADMINISTRATOR OP LEWIS WAHL AGAINST JACOB EBERHARDT. AND OTHERS IN WHICH ELLA EBERHARDT THE WIPE OP JACOB EBERHARDT INTERVENED.— Appeal from Daviess Circuit' Court. T. F. Birkhead, Circuit Judge. Judgment for plaintiff. Defendant and intervener appeals. POINTS AND AUTHORITIES. 1. The transfer of a secured debt carries with it the securities by which same is secured. 2. Since the adoption of the act of March 15th, 1894, known as the Weissinger Act, a married woman has full power and authority to pledge or place in lien her property, both real and personal, to answer…

1Opinion of the Court

Opinion op the Court by

Chi'ep Justice O’Rear — •

Reversing.

Appellee, as judgment creditor of Jacob Eberhardt, brought this equitable action to discover assets, and attached 10 shares in the Yollman Buggy Body Company, standing in Jacob Eberhardt’s name. Ella Eberhardt, wife of Jacob, intervened, claiming the the stock was in pledge to her under the following conditions: Her husband borrowed $500 from a bank to buy the stock. He executed two notes of $250 each *226to evidence the debt. To secure the bank, he pledged his stock to secure the first of the notes, and- she pledged 10 shares of'stock in…

2Cited by10 opinions

  1. Dishon's Administrator v. T. E. Dishon's AdministratorCourt of Appeals of Kentucky · 1920
  2. Hawley Coal Co. v. BruceCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Jones v. Louisville Tobacco Warehouse Co.Court of Appeals of Kentucky · 1909
  4. Coleman v. ColemanCourt of Appeals of Kentucky · 1911
  5. Security Bank v. Zimlich'sCourt of Appeals of Kentucky (pre-1976) · 1935

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