Cutsinger v. Norris

Opinion by

Judge Pryor:

The husband and wife united in the mortgage by which they convey the absolute title to the land in question, conditioned that the title will revert upon the payment of the debt the mortgage was executed to secure. Such a conveyance deprives the wife of all interest, both dower and homestead. The cases of Wing v. Hayden, 10 Bush 276, and Robbins v. Cookendorfer, 10 Bush 629, rejected, dispose of this question. As to the claim set up for an additional credit, the appellant, when called to testify, is unable to satisfy the chancellor that any payments have been made that…