Reid's Admr. v. Benge
Court of Appeals of Kentucky
Case 96 — Action to Enforce a Mortgage Lien APPEAL FROM CLAY CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. In March, 188, T. T. Reid died, a bachelor, domiciled in Clay county, about thirty years of age. His will was probated in 1895 in the Clay county court. His father survived him. His mother was dead.
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Case 96 — Action to Enforce a Mortgage Lien APPEAL FROM CLAY CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. In March, 188, T. T. Reid died, a bachelor, domiciled in Clay county, about thirty years of age. His will was probated in 1895 in the Clay county court. His father survived him. His mother was dead. In 1890 his father executed to appellee, E. J. Benge a mortgage on alb or about all, the land decedent owned at his death, to secure a loan of $600. By his will the testator divided his estate hy giving $1,000 to Miss Fannie White, and to his father one-fourth of the residue,…
1Opinion of the Court
*812Opinion op the court by
JIJDGE WHITE
Reversing.
In October, 1888, T. T. Reid died in Clay county never having married or had issue. His only heir at law was J. W. Reid, Sr., his father, the mother having died prior to the death of T. T. Reid. After the death of T. T. Reid, his father, as heir at law, took possession of the real estate left by T. T. Reid, containing probably 300 acres. In April, 1890, J. W. Reid, Sr., borrowed of appellee, E. J. Benge, $600, and to secure its repayment executed a mortgage on the tract of land that had formerly been owned by T. T. Reid, and which J. W. Reid, Sr.,…
2Cases cited2 opinions
- Allen v. FromanCourt of Appeals of Kentucky · 1894
- Alexander v. WallerCourt of Appeals of Kentucky · 1869
3Cited by14 opinions
- Rogers v. Biggstaff'sCourt of Appeals of Kentucky · 1917
- Franklin County v. BaileyCourt of Appeals of Kentucky (pre-1976) · 1933
- Foster v. JordanCourt of Appeals of Kentucky · 1908
- Embry v. LongCourt of Appeals of Kentucky (pre-1976) · 1934
- Belt v. AdamsMississippi Supreme Court · 1921
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