Hays' Administrator v. Froman
Court of Appeals of Kentucky
Case 49 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. 1. The absence of either, or both, of the names of the grantors in, the body of the mortgage does not affect its validity;the pronoun “I” in a note or mortgage signed by several will apply to and bind each one of them.
Read the full summary
Case 49 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. 1. The absence of either, or both, of the names of the grantors in, the body of the mortgage does not affect its validity;the pronoun “I” in a note or mortgage signed by several will apply to and bind each one of them. Withers v. Pugh, 91 Ky., 522; Randolph: on Commercial Paper, vol. 1, page 104, sec. 87; Harrow v. Dugan, 6 Dana, 341; Hemmeway v. Stone, 7 Mass., 57. 2. The absence in express terms of the wife’s waiver of homestead •exemption does not affect the validity of a mortgage as to thd same if the instrument purports to…
1Opinion of the Court
JUDGE PaYNTER
delivered tiie opinion oe the court.
On February 5, 1891, the appellee, Jeremiah Froman, executed his note to B. E. Froman, plaintiff’s intestate, for $1,400, with interest. The appellee, Matilda E. Froman,. is the wife of the appellee, Jeremiah Froman. To secure the payment of the note the appellees, Jeremiah and Matilda E. Froman, executed a mortgage to B- E. Froman, It is as follows, to-wit:
“I hereby mortgage to B. E. Froman a tract of land lying on the Rolling Fork and Salt rivers, in Hardin county, Kentucky, and bounded as follows: Beginning at and running J. G. Brashear’s…
2Cases cited2 opinions
- Harrow v. DuganCourt of Appeals of Kentucky · 1838
- McGrath v. BerryCourt of Appeals of Kentucky · 1877
3Cited by2 opinions
- Arnett v. Salyersville National BankCourt of Appeals of Kentucky (pre-1976) · 1931
- Carr v. BrittonCourt of Appeals of Kentucky (pre-1976) · 1937