McCarty v. McCarty's Administrator

Opinion of the Court by

Judge Rees

Affirming.

J. M. McCarty died April 30, 1931, leaving surviving him his widow, Melissa McCarty, and five children by a former marriage. His first wife died November 2, 1903: At that time he owned 449 acres of land in Daviess county, and after the death of his wife he and his five children continued to reside on the land.

On December 17, 1904, he executed a note to the Union Central Life Insurance Company for $7,500, due ten years after date, and at the same time he executed and delivered to the insurance company a mortgage upon his lands to secure the payment of…