Legal Opinion

Prewitt v. Wortham

Court of Appeals of Kentucky

Decided February 19, 1881PublishedCited by 14 opinions

Case 59 — EQUITY APPEAL FROM GRAYSON CIRCUIT COURT. The mortgage contains no covenant to pay the demand, and is only a security for it. Clearly, appellees’ claim is only an account, and is barred in five years. No property that had been mortgaged was found. Burtlc’s claim, evidenced by the mortgage, stands upon the footing of a specialty.

1Opinion of the Court

JUDGE HINES

delivered the opinion of the court.

This Is an action against heirs to sell the real estate of •the ancestor to pay debts. One Burtle comes in by cross-petition, asserting a claim secured by mortgage on personal property, but the property having been consumed by the ■decedent, Burtle is permitted to assert claim as a general ■creditor. To this claim the five years’ statute of limitation as to accounts and contracts not in writing was interposed. 'The mortgage was executed in 1861, and the claim against the estate asserted in 1874, less than fifteen years after execution of the…

2Cases cited3 opinions

  1. Culver v. . SissonNew York Court of Appeals · 1850
  2. Scott v. FieldsSupreme Court of Pennsylvania · 1838
  3. Leach v. Kendall's AdministratorCourt of Appeals of Kentucky · 1877

3Cited by14 opinions

  1. Lilly v. DunnIndiana Supreme Court · 1884
  2. Clift v. WilliamsCourt of Appeals of Kentucky · 1899
  3. Millington v. Hill, Fontaine & Co.Supreme Court of Arkansas · 1886
  4. Humphrey v. StephensSupreme Court of North Carolina · 1926
  5. Alexander v. WestCourt of Appeals of Kentucky (pre-1976) · 1931

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