Honaker v. Cecil
Court of Appeals of Kentucky
Case 29 — PETITION EQUITY — APPEAL PROM PIKE CIRCUIT COURT. . A married woman can convey only in the manner and mode pointed out by the statute. Any attempt by her to convey in any other way is a nullity.
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Case 29 — PETITION EQUITY — APPEAL PROM PIKE CIRCUIT COURT. . A married woman can convey only in the manner and mode pointed out by the statute. Any attempt by her to convey in any other way is a nullity. (General Statutes, chapter 38, article 13, section 13; Ibid., chapter 24, -section 21; Wing, &c., v. Hayden, &c., 10 Bush, 276; McGrath, &c., v. Berry, &c., 13 Bush, 391.) Appellants are concluded by the judgment enforcing the mortgage lien The matters now relied upon should have been pleaded in that, action.
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellants, as husband and wife, filed their petition in the Pike Circuit Court against appellee, for the purpose of recovering a homestead in a tract of land which they allege had been sold under a •decree of the Pike Circuit Court, foreclosing a mortgage, purporting to have been executed by appellants, as husband and wife, to appellee’s assignors.
Appellants allege that appellee, as assignee of said judgment, purchased said land at its sale under said •decree of foreclosure, and was put in possession of it by writ of possession.
Appellants…
2Cases cited4 opinions
- Wing v. HaydenCourt of Appeals of Kentucky · 1874
- Talbott v. ToddCourt of Appeals of Kentucky · 1837
- McGrath v. BerryCourt of Appeals of Kentucky · 1877
- Crabb v. LarkinCourt of Appeals of Kentucky · 1872
3Cited by13 opinions
- Richmond Health Facilities-Kenwood, LP v. NicholsCourt of Appeals for the Sixth Circuit · 2016
- Stone v. WinnCourt of Appeals of Kentucky · 1915
- Cassidy v. BerkovitzCourt of Appeals of Kentucky · 1916
- Combs v. Prestonsburg Water Co.Court of Appeals of Kentucky (pre-1976) · 1935
- Newhall v. MahanCourt of Appeals of Kentucky (pre-1976) · 1932
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