Legal Opinion

Butler v. Wheeler

Court of Appeals of Kentucky

Decided January 10, 1885PublishedCited by 2 opinions

Case 75 — FEME COVERT RECORDING MORTGAGE APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Section 20, chapter 24, Conveyance", does not apply to mortgages, as they are specially exempt. 2. If the purchaser had notice (as undoubtedly he had in this case), the mortgage need not be recorded to ail'ect him.

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Case 75 — FEME COVERT RECORDING MORTGAGE APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Section 20, chapter 24, Conveyance", does not apply to mortgages, as they are specially exempt. 2. If the purchaser had notice (as undoubtedly he had in this case), the mortgage need not be recorded to ail'ect him. (McGowan v. Hay, 5 Littell, 240; Stewart v. Hall &c., 3 B. Mon., 220; Bank of Kentucky v. Ilaggin, 1 A. K. Mar., 226; Morton v. Roberts, 4 Dana, 258; 14 B. Mon., 450; 8 lb., 435; 9 Dana, 77; 6 Bush, 196.) 1. The failure to record the mortgage in eight months after its acknowledgement by the wife, is…

1Opinion of the Court

JUDGE HOLT

delivered the opinioh op the court.

The mortgage by Edwin Francis and his wife upon her land to the appellant, J. S. Butler, and which he is now seeking to enforce, was acknowledged by her on February 22,1871, but not recorded until September 19, 1878, a period of over two and a half years.

It was never re-acknowledged by her. On February '26, 1878, she and her husband sold and conveyed the land to one Kelly, and he, on April 6, 1876, to the ; appellee, Wheeler.

The petition alleges that both Kelly and Wheeler had full notice when they purchased of the existence of the mortgage. This…

2Cases cited2 opinions

  1. Applegate v. GracyCourt of Appeals of Kentucky · 1839
  2. McGuire v. BowmanCourt of Appeals of Kentucky · 1869

3Cited by2 opinions

  1. Fehler v. GosnellCourt of Appeals of Kentucky · 1896
  2. Burton-Whayne Co. v. Farmers & Drovers BankCourt of Appeals of Kentucky · 1908

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