Smith v. Wilson
Court of Appeals of Kentucky
CASE 47 — PETITION EQUITY — APPEAL from nelson circuit court. cited Ward vs. Gray, MS. opin.; act of 1846, to protect the rights of married women; Rev. Stat., page 388, title Husband and Wife, sub-div. 1, of sec. 1; 12 jB. Mon., 330; Rev. Stat., 199, secs. 20, 21, title Conveyances; 2 B. Mon., 205 ; 17 B. Mon., 60 ; 5 /. J. Mar., 119 ; 12 B. Mon., 664; Rev. Stat., 395, sec. 17. cited Rev. Stat., 199, sec. 20, title Conveyances.
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
This action was instituted by Wilson to foreclose a mortgage which had been executed in November, 1853, by Caruthers and wife, to secure the payment of a debt, evidenced by a note of the same date to Wilson for $377 50, the note being also signed by Caruthers and wife. The real estate conveyed by the mortgage was the property of Mrs. Caruthers, having been conveyed to her by deed in June, 1850, she being then a feme sole.
After the execution of the mortgage and note Caruthers died, and his widow having intermarried with Smith, this action was…
2Cases cited1 opinion
- Scarborough v. WatkinsCourt of Appeals of Kentucky · 1849
3Cited by3 opinions
- Hobson v. Hobson'sCourt of Appeals of Kentucky · 1871
- Douglass v. StoneCourt of Appeals of Kentucky · 1876
- Drye v. Cook & Green's TrusteeCourt of Appeals of Kentucky · 1879