Jones' Adm'r v. Jenkins
Court of Appeals of Kentucky
Case 57 — PETITION EQUITY — APPEAL PROM CALDWELL CIRCUIT COURT. 1. The plea of the defendant that the note and mortgage were executed without a "valid” consideration was not sufficient. (Willett v. Forman, 3 J. J. Mar., 293; Helm’s Ex’r v. Jones’ Adm’r, 9 Dana, 27; Morton v. Waring’s Heirs, 18 B. Mon., 82.) :2. The plaintiff was entitled to judgment on the pleadings, as every allegation of a pleading is to be ' taken as true, unless specifically traversed.
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Case 57 — PETITION EQUITY — APPEAL PROM CALDWELL CIRCUIT COURT. 1. The plea of the defendant that the note and mortgage were executed without a "valid” consideration was not sufficient. (Willett v. Forman, 3 J. J. Mar., 293; Helm’s Ex’r v. Jones’ Adm’r, 9 Dana, 27; Morton v. Waring’s Heirs, 18 B. Mon., 82.) :2. The plaintiff was entitled to judgment on the pleadings, as every allegation of a pleading is to be ' taken as true, unless specifically traversed. (Civil Code, sections 95 and 126; Trustees Ky. E. O. S. v. Fleming, Ex’r, &c., 10 Bush, 238; Preston v. Roberts, &c., 12 Bush, 581.) :3.…
1Opinion of the Court
JUDGE PETOE
delivered the opinion op the court.
This action was instituted by the administrator of' Wm. E. Jones against the appellee, J. J. Jenkins, in which a judgment is sought on a note executed by Jenkins to the intestate for $1,138 on the '28th of August, 1869, .and payable two days after date, and a mortgage having been executed to secure its payment on the real and personal estate of the obligor, the Chancellor is also asked to sell this mortgaged property in satisfaction of the debt.
The appellee Jenkins admitted the execution of the note, but pleaded a want of consideration; and…
2Cases cited3 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Miller v. MarckleIllinois Supreme Court · 1859
- Brookover v. HurstCourt of Appeals of Kentucky · 1859
3Cited by7 opinions
- Sullivan v. SullivanCourt of Appeals of Kentucky · 1918
- Sewell v. NelsonCourt of Appeals of Kentucky · 1902
- Brown v. ConnellCourt of Appeals of Kentucky · 1887
- Scott v. ScottCourt of Appeals of Kentucky · 1916
- Elmore v. OverstreetCourt of Appeals of Kentucky (pre-1976) · 1927
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