Lear v. Totten
Court of Appeals of Kentucky
Case 16 — PETITION EQUITY APPEAL FROM GARRARD CIRCUIT COURT. 1. Totten and wife, by selling, abandoned the homestead, and thereupon it became subject to the mortgage. The homestead exemption deprived the mortgagee of the benefit of his mortgage on the homestead only so long as the mortgagor held the title, and occupied it as his homestead.
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Case 16 — PETITION EQUITY APPEAL FROM GARRARD CIRCUIT COURT. 1. Totten and wife, by selling, abandoned the homestead, and thereupon it became subject to the mortgage. The homestead exemption deprived the mortgagee of the benefit of his mortgage on the homestead only so long as the mortgagor held the title, and occupied it as his homestead. (Brown, Bro. & Oo. v. Martin & Co., 4 Bush, 50.) 2. When the homestead was set apart, that is, when the twenty acres were set apart out of the ninety-two acres, to the mortgagor, the mortgagor and his family did not acquire a fee-simple title to the twenty…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellants, for the purpose of Indemnifying themselves as the sureties of the appellee W. M. Totten, took from the latter a mortgage on a tract of land in the county of Garrard, and after the proper acknowledgment had the same recorded. The wife of the appellee was not a party to that instrument, and the appellants having the debt to pay instituted proceedings to have the land sold. Twenty acres of the tract mortgaged was set apart as a homestead for the appellee, and the *103balance sold, and tbe proceeds of sale applied to the payment of the…
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- Tong v. EifortCourt of Appeals of Kentucky · 1882
- Green & Sons v. PenningtonCourt of Appeals of Kentucky · 1906
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