Tharp v. Feltz's Adm'r
Court of Appeals of Kentucky
Error to the Louisville Chancery Court. Chancery. Case 4. oJ*tbe&bfus^°nS Answer of Chinowith, the admr. in Kentucky. Answer of Cotton, the adm’r. in Mississippi. Matter ot avoüü pjovea.muSt be When payment has been made to a mortgagee after the execution of a mortgage, the presumption is that it was made on the mortgage debt, and a mortgagee in a contest with creditors of mortgagor, asserting that the payment was on a different account, is bound to prove it.
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Error to the Louisville Chancery Court. Chancery. Case 4. oJ*tbe&bfus^°nS Answer of Chinowith, the admr. in Kentucky. Answer of Cotton, the adm’r. in Mississippi. Matter ot avoüü pjovea.muSt be When payment has been made to a mortgagee after the execution of a mortgage, the presumption is that it was made on the mortgage debt, and a mortgagee in a contest with creditors of mortgagor, asserting that the payment was on a different account, is bound to prove it. A recital in a mortgage that “on settlement of aecounts, mortgagor was indebted.” &c. decided not to include a note given by mortgagor…
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court.
These bills, now consolidated, were filed separatelj Tharp and Burke, setting up demands against the estate of Feltz, amounting in the aggregate, to $4.000, besides interest. Cotton, who administered on the estate of Feltz at Natchez, where he died, and Chenowith, who administered on his estate at Louisville, where he had resided until his visit to the South, were, together with the unknown heirs of Feltz made defendats. The bills charge, in effect, that Feltz had by two deeds, fraudulently mortgaged his real estate in Louisville to Cotton, for…
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