Schweitzer v. Wagner
Court of Appeals of Kentucky
Case 80 — PETITION ORDINARY — 1. The appellant is not estopped by mere silence from asserting her claim. (Ballard’s Real Estate Statutes, section 802; Story’s Equity, vol. 2, section 1533; Martin v. Wurts, 1 Ky. Law Rep., 406; Connolly v. Branstler, 3 Bush; Wright v. Arnold, 14 B. M.; Arnold y. Stephens, 13 Ky. Law Rep., 623; Riggs v. Stephens, 13 Ky.
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Case 80 — PETITION ORDINARY — 1. The appellant is not estopped by mere silence from asserting her claim. (Ballard’s Real Estate Statutes, section 802; Story’s Equity, vol. 2, section 1533; Martin v. Wurts, 1 Ky. Law Rep., 406; Connolly v. Branstler, 3 Bush; Wright v. Arnold, 14 B. M.; Arnold y. Stephens, 13 Ky. Law Rep., 623; Riggs v. Stephens, 13 Ky. Law Rep., 634; 26 Ala., 547; 11 Ohio St., 42; 47 Ohio St., 366.) 2. Appellee is not entitled to be subrogated to the rights of the mortgagees. (Taylor v. farmers’ Bank, 10 Ky. Law Rep., 370; Sheldon on Subrogation, sections 11, 49, 60; Carter v.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
The appellant and her husband, at some time prior to 1876, conveyed, by way of mortgage, the real estate in which she now claims dower. In the year named, by proceedings in bankruptcy, the property was sold to satisfy the mortgage liens. It appears that there were, in fact, several mortgages, in all of which the wife joined, and expressly relinquished her inchoate right of dower. The property was sold for the amount of the mortgage debts, which was its full value as disclosed by the proof. The assignee in bankruptcy *460sold it as clear, free and…
2Cases cited1 opinion
- Melone v. ArmstrongCourt of Appeals of Kentucky · 1881
3Cited by6 opinions
- Eversole v. EversoleCourt of Appeals of Kentucky · 1916
- McDonald v. BurkeCourt of Appeals of Kentucky (pre-1976) · 1956
- Meyers' Administrator v. MeyersCourt of Appeals of Kentucky (pre-1976) · 1932
- United States v. WoodDistrict Court, W.D. Kentucky · 1987
- McClain v. McClainCourt of Appeals of Kentucky · 1912
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