Legal Opinion

Tong v. Eifort

Court of Appeals of Kentucky

Decided March 17, 1882PublishedCited by 12 opinions

Case 29 — EQUITY— appeal prom greenup circuit court. 1. The wife of the mortgagor Tong having failed or refused to join with him, he retained his homestead in the land. 2. The homestead is not subject to the debts of Tong, and undoubtedly he had the right to sell and convey it to any person; and inasmuch as it was exempt from debts, the question of consideration is with him and not with his creditors. 3. No estate of any kind was derived by appellants from Wm.

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Case 29 — EQUITY— appeal prom greenup circuit court. 1. The wife of the mortgagor Tong having failed or refused to join with him, he retained his homestead in the land. 2. The homestead is not subject to the debts of Tong, and undoubtedly he had the right to sell and convey it to any person; and inasmuch as it was exempt from debts, the question of consideration is with him and not with his creditors. 3. No estate of any kind was derived by appellants from Wm. Tong, and the personal judgment against them is erroneous. (Gen. Stat., chap. 38, art. 13, sees. 12 and 13; Lear v. Totten, 14 Bush,…

1Opinion of the Court

JUDGE HARGIS

delivered the opinion op the court.

Wm. Tong executed a mortgage on a tract of land, which embraced his homestead, to Rachel Eifort, to secure the payment of $i,ooo, which she had lent to him.

His wife did not subscribe or acknowledge the mortgage.

*153Thereafter an execution was levied on said land, and six .'acres, including the dwelling-house, being first set apart as a ■homestead to Tong, the remainder was, under 'the execution, sold subject to the mortgage.

Subsequently Tong and wife, in consideration of past services, and an agreement to clothe, support, and maintain them during…

2Cases cited1 opinion

  1. Lear v. TottenCourt of Appeals of Kentucky · 1878

3Cited by12 opinions

  1. Pipkin v. WilliamsSupreme Court of Arkansas · 1893
  2. Clark v. MasonCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Bitzer v. MerckeCourt of Appeals of Kentucky · 1901
  4. Adams Express Co. v. BradleyCourt of Appeals of Kentucky · 1918
  5. Roark v. BachCourt of Appeals of Kentucky · 1903

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