Bagby v. Champ
Court of Appeals of Kentucky
Case 3 — PETITION BQTIITY APPEAL PROM KENTON CHANCERY COURT. 1. As the fact that appellant was a married woman did not appear in the record in which judgment was rendered against her, and the error to. her prejudice for that reason does not appear upon the record, she is entitled to have the judgment vacated under the provisions of the Code in force at the time the judgment was rendered. 2. The certificate of acknowledgment to a deed is not such part of the record as to show…
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Case 3 — PETITION BQTIITY APPEAL PROM KENTON CHANCERY COURT. 1. As the fact that appellant was a married woman did not appear in the record in which judgment was rendered against her, and the error to. her prejudice for that reason does not appear upon the record, she is entitled to have the judgment vacated under the provisions of the Code in force at the time the judgment was rendered. 2. The certificate of acknowledgment to a deed is not such part of the record as to show that the party defendant who was certified to have acknowledged it as a married woman, was in fact such. (Adams v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
In 1866 J. J. Bagby, appellant, Nancy Bagby, Ms: wife, and J. W. Bagby executed tlieir promissory note to appellee Champ, and to secure its payment, a tract of land, many years before that time conveyed by the father of appellant to her and her husband, was mortgaged.
An action in equity was instituted by appellee. Champ to recover judgment on the note, and to subject the land mortgaged to satisfy it. And in May,, *151872, the court, where the action was pending, rendered personal judgment for the amount of the note-against J. J. and J. W. Bagby,…
2Cases cited1 opinion
- McArthur v. GoddinCourt of Appeals of Kentucky · 1876
3Cited by7 opinions
- Phil. H. Pierce Co. v. WatkinsTexas Supreme Court · 1924
- Church v. CritesCourt of Appeals of Texas · 1963
- General Refractories Co. v. HendersonCourt of Appeals of Kentucky · 1950
- General Refractories Co. v. HendersonCourt of Appeals of Kentucky (pre-1976) · 1950
- Richardson v. MatthewsSupreme Court of Arkansas · 1894
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