Merchants' & Mechanics' Building & Loan Ass'n v. Jarvis
Court of Appeals of Kentucky
Case 103 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. The execution of the note and mortgage by the wife sufficiently evidences her intention to bind her separate estate. And she is bound by the mortgage, although the money was paid to the husband, it appearing that he acted as her agent. (ílounshell v. Clay, Fire Ins. Co., 5 Ky.
Read the full summary
Case 103 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. The execution of the note and mortgage by the wife sufficiently evidences her intention to bind her separate estate. And she is bound by the mortgage, although the money was paid to the husband, it appearing that he acted as her agent. (ílounshell v. Clay, Fire Ins. Co., 5 Ky. Law Rep., 267; Lillard v. Turner, 16 B. M., 376; Jarmon v. Wilkerson, 7 B. M., 293; Bell & Terry v. Keller, 13 B. M., 384; Caldwell v. Perry, 6 Ky. Law Rep., 97; Kirn v. Weippert, 46 Mo., 532; Brom- ' ley v. Thomas, 63 Mo., 390; Gates v. Gates, 62 Mo.,…
1Opinion of the CourtChief Justice Holt
The appellee, Catharine E. Jarvis, and her now deceased husband, gave a promissory note to the appellant for loaned money, and executed a mortgage upon a lot of land, which was the separate estate of the wife, to secure its payment.
She has power under the statute to sell it, her husband uniting with her in the conveyance, and also the trustee, if there be one; but her interest in the proceeds is the same as it was in the property. The power to mortgage for her own use and benefit, or to secure her own debt, is incidental to this power to sell; but inasmuch as her separate estate continues in…
2Cases cited3 opinions
- Magill v. Mercantile Trust Co.Court of Appeals of Kentucky · 1883
- Alderson v. TrentCourt of Appeals of Kentucky · 1881
- Hounshell v. Clay Fire InsuranceCourt of Appeals of Kentucky · 1883
3Cited by2 opinions
- Miller v. SandersCourt of Appeals of Kentucky · 1896
- Morrison v. Morrison's AssigneeCourt of Appeals of Kentucky · 1902