Mattingly's Admr. v. Hazel
Court of Appeals of Kentucky
Case 43 — Controversy Between W. ,S. Hazel and C. Mattingly’s Admr. and Others as to Priority of Mortgages. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Hazel and the Others Appeal.
1Opinion of the Court
Opinion of the coubt by
JUDGE O’REAR
Reversing.
The owner of a tract of land worth less than $1,000 undertook to mortgage it to appellee’s assignor in 1888 to secure a debt of $190. The owner was then a married man, •and with, his wife and family occupied the land as a homestead. The wife was named as grantor in the mortgage, but failed, she says by oversight, to sign or acknowledge it, 'though willing and intending to do so. In the mortgage 'it is stated that the homestead exemption is expressly waived.
In 1898 the owner and his wife mortgaged the same land 'to Aud & Bro., to secure two named…
2Cases cited6 opinions
- Wing v. HaydenCourt of Appeals of Kentucky · 1874
- Lear v. TottenCourt of Appeals of Kentucky · 1878
- Hensey v. Hensey's Adm'rCourt of Appeals of Kentucky · 1891
- Hemphill v. Haas, Lyons & Co.Court of Appeals of Kentucky · 1889
- Thorn v. DarlingtonCourt of Appeals of Kentucky · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Damron v. Pikeville Grocery CompanyCourt of Appeals of Kentucky (pre-1976) · 1928
- Hensley v. LovelyCourt of Appeals of Kentucky (pre-1976) · 1933