Medley v. Tandy
Court of Appeals of Kentucky
Case 70 — PETITION ORDINARY APPEAL PROM CARROLL CIRCUIT COURT. 1. As the husband is liable for debts of the wife contracted dum sola to the extent of property acquired by the marriage, it follows that an issue must be tendered him.
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Case 70 — PETITION ORDINARY APPEAL PROM CARROLL CIRCUIT COURT. 1. As the husband is liable for debts of the wife contracted dum sola to the extent of property acquired by the marriage, it follows that an issue must be tendered him. It must be alleged that he acquired more than enough to pay the debt, or that he acquired enough to pay part of it, or that he took nothing, so that when judgment is rendered it may be for a certain sum, and not leave the sheriff to pass upon the husband’s title to property. (General Statutes, chapter 52, article 2, section 4.) Same point urged in petition for…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
The appellee instituted suit in the Carroll circuit court against the appellants, Herman Medley and his wife Amanda, and E. J. Sanders, for the purpose of recovering judgment on a promissory note dated the twenty-third day of August, 1880, and due twelve months after date, and executed to the appellee by E. J. Sanders and the appellant Amanda, while she was a feme sole.
Sanders made no defense, and judgment was rendered against him by default. The appellants defended the suit and asked to be relieved from the payment of the note upon the ground…
2Cases cited1 opinion
- Beaumont v. MillerCourt of Appeals of Kentucky · 1858