Hall v. Hall
Court of Appeals of Kentucky
Case 84 — Action by W. F. Hall against Lucy Hall to Enforce Mortgage Lien on Land. APPEAL FROM HABLAN CIRCUIT COURT — M. J. MOSS, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. L On the issue of fact the burden was on appellee.
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Case 84 — Action by W. F. Hall against Lucy Hall to Enforce Mortgage Lien on Land. APPEAL FROM HABLAN CIRCUIT COURT — M. J. MOSS, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. L On the issue of fact the burden was on appellee. He took and filed his depositions on November 6, 1903, which was Friday before the court began, at which the trial was had; the 8th day of the month being Sunday, appellant had but one day to prepare and take her proof and we submit the court erred in compelling her to try at that time. 2. The court erred in sustaining a demurrer to appellant’s answer,…
1Opinion of the Court
Opinion of the court by
JUDGE O’RiEAR
Reversing.
Appellant, Lucy Hall, witli her husband, W. T. Hall, executed a note to appellee, secured by mortgage upon ap*658pellant’s land. In this suit against appellant and the administrator of her deceased husband to recover upon the note and, to enforce the mortgage appellant’s defense was that her signature to the mortgage had been obtained by the duress of her husband, and that she was a surety only in the note, and, as more than seven years had gone since the note was due, she and her estate were released by the statutes of limitation applicable to…
2Cases cited5 opinions
- Cox v. GillCourt of Appeals of Kentucky · 1886
- Deposit Bank v. StittCourt of Appeals of Kentucky · 1899
- Williams v. ShelbourneCourt of Appeals of Kentucky · 1898
- Harpending's Executors v. WylieCourt of Appeals of Kentucky · 1878
- Aultman-Taylor Co. v. FrasureCourt of Appeals of Kentucky · 1894
3Cited by9 opinions
- Brady v. Equitable Trust Co.Court of Appeals of Kentucky · 1918
- Third Nat. Bank v. TierneyCourt of Appeals of Kentucky · 1908
- Fears v. United Loan & Deposit BankCourt of Appeals of Kentucky · 1916
- Bank of St. Helens v. Mann's Exor.Court of Appeals of Kentucky (pre-1976) · 1928
- Black v. McCarley's Ex'rCourt of Appeals of Kentucky · 1907
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