Miller v. Sanders
Court of Appeals of Kentucky
Case 85 — PETITION EQUITY — APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. Prior to the act of March 15, 1894, a married woman could not execute a valid mortgage of her separate estate for the benefit of her husband. (Hirschman v. Brashears, 79 Ky., 258; McGill v. Mercantile Trust Co., 81 Ky., 129; Hounshell v. C. F. Ins.
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Case 85 — PETITION EQUITY — APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. Prior to the act of March 15, 1894, a married woman could not execute a valid mortgage of her separate estate for the benefit of her husband. (Hirschman v. Brashears, 79 Ky., 258; McGill v. Mercantile Trust Co., 81 Ky., 129; Hounshell v. C. F. Ins. Co., 81 Ky., 304.) 2. Until the passage of the act of May 16, 1893, there was no statutory restriction upon the power of a married woman to mortgage her general estate, and such estate might be mortgaged or conveyed by her for the benefit of any person she chose,…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion op the court.
The appellee brought suit against the appellants, who are husband and wife, upon a note and mortgage executed *537since the act of March 15, 1894, took effect, fixing the property rights of husband and wife. The note was executed by the husband alone, and the mortgage, executed by both husband and wife, was upon a lot of land stated in the petition to be the property of the wife. Appellants filed an answer and counterclaim stating that the money, to secure the payment of which the mortgage was executed, was borrowed for the sole benefit of the…
2Cases cited3 opinions
- Magill v. Mercantile Trust Co.Court of Appeals of Kentucky · 1883
- Hirschman v. BrashearsCourt of Appeals of Kentucky · 1881
- Merchants' & Mechanics' Building & Loan Ass'n v. JarvisCourt of Appeals of Kentucky · 1892
3Cited by4 opinions
- Brady v. Equitable Trust Co.Court of Appeals of Kentucky · 1918
- Swearingen's v. TylerCourt of Appeals of Kentucky · 1909
- Hite v. ReynoldsCourt of Appeals of Kentucky · 1915
- Morrison v. Morrison's AssigneeCourt of Appeals of Kentucky · 1902