Harpending's Ex'rs v. Wylie
Court of Appeals of Kentucky
Case 22. — MOTION TO REVIVE JUDGMENT. APPEAL PROM CALDWELL CIRCUIT COURT. 1. The mortgage and certificate of acknowledgment of the grantors, husband and wife, were in due form and valid as to the homestead.
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Case 22. — MOTION TO REVIVE JUDGMENT. APPEAL PROM CALDWELL CIRCUIT COURT. 1. The mortgage and certificate of acknowledgment of the grantors, husband and wife, were in due form and valid as to the homestead. (Franklin v. Becker and wife, 11 Bush, 595; Talbott v. Hooser, 12 Bush, 408; Brame and wife v. Craig, 12 Bush, 404; Woodhead v. Foulds, 7 Bush, 224.) “Except upon the allegation of fraud in the party benefited thereby, or mistake on the part of the officer” (section 17, ch. 81, Gen. Stat.), the certificate of acknowledgment can not be called in question. 2. The judgment against the husband…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
James S. Wylie and wife executed to A. Harpending a mortgage, on certain real estate which, then constituted a homestead, to secure a debt of $2,500.
The mortgage purported to convey the whole estate, and was acknowledged and recorded.
Harpending died, and his executors brought suit to enforce his mortgage lien.
Wylie and his wife were both made defendants and served with process, but neither answered, and at the May Term, 1874, of the Caldwell Circuit Court a judgment was rendered, directing a sale of the mortgaged property to ■ satisfy the debt. In…
2Cases cited1 opinion
- Wing v. HaydenCourt of Appeals of Kentucky · 1874
3Cited by8 opinions
- Clevenger v. FigleySupreme Court of Kansas · 1904
- Wren v. CookseyCourt of Appeals of Kentucky · 1913
- Kimbrough v. HarbettCourt of Appeals of Kentucky · 1901
- McGrath v. BerryCourt of Appeals of Kentucky · 1877
- Davis v. JenkinsCourt of Appeals of Kentucky · 1892
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