Dugan v. Corn
Court of Appeals of Kentucky
Case 33 — DEED—FEME COVERT — APPEAL FROM CARROLL CIRCUIT COURT. 1. The deed from appellant not having been lodged for record within eight months from its date is, as to her, void.
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Case 33 — DEED—FEME COVERT — APPEAL FROM CARROLL CIRCUIT COURT. 1. The deed from appellant not having been lodged for record within eight months from its date is, as to her, void. Rev. Stats., l'vol., p. 283; Applegate v. Gracy, 9 Dana, 215; 6 Bush, 552; Burton v. Shot-well, 13' Bush, 284; Eord v. Gregory, 10 B. Mon., 180; Einley v. Spratt, 14 Bush, 227. 1. By the provision of sec. 22, chap. 24, Gen. Stats., all deeds which have been or may be legally executed but not recorded in proper time, may be recorded and be as effectual from the time of so recording as if recorded in proper time.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Thomas Dugan, husband of appellant, in May, 1867, sold, delivered possession of, and executed a covenant to convey to McBrayer two lots of land, in the town of Carrollton, whereon was a hotel building, in consideration of $1,350, for which a bill of exchange was drawn, and a lot of whisky to be thereafter delivered.
In February, 1868, an action on the bill of exchange was instituted by Dugan against McBrayer and others in the Jefferson court of common pleas, which was ■afterwards transferred to the Louisville chancery court, when, in June, 1869, a…
2Cases cited2 opinions
- Applegate v. GracyCourt of Appeals of Kentucky · 1839
- Finley v. Spratt & Co.Court of Appeals of Kentucky · 1878