Schaeffer v. Vogt's Trustee
Court of Appeals of Kentucky
Case 7 — Action to Enforce a Mortgage Lien APPEAL FROM JEFFERSON CIRCUIT COURT,- CHANCERY DIVISION. Judgment against Amelia Sci-iaf.fer and She Appeals. The object of this appeal, is, by reversing the judgment of the lower court, to relieve appellant’s land from a lien of about $1,500 adjudged against it to pay the debts of appellees. This result was reached by thé trial court through a misconception that an executed deed, inter vivos, may be revoked by a will.
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Case 7 — Action to Enforce a Mortgage Lien APPEAL FROM JEFFERSON CIRCUIT COURT,- CHANCERY DIVISION. Judgment against Amelia Sci-iaf.fer and She Appeals. The object of this appeal, is, by reversing the judgment of the lower court, to relieve appellant’s land from a lien of about $1,500 adjudged against it to pay the debts of appellees. This result was reached by thé trial court through a misconception that an executed deed, inter vivos, may be revoked by a will. It is sought to be justified on the theory that appellant was put to an election whether she would take the land sought to be…
1Opinion of the Court
Opinion of the court jby
JUDGE BURNAM'
Reversing.
Andreas Vogt was twice married. He had by his first Wife three children, Amelia Schaefer, Sophia Frederick, and John Vogt; by his second wife, Catherine, he had also three children, Andreas Vogt, Jr., Albert Vogt and Katie Vogt. Tn 18S6 his second wife procured a divorce from him, and in ■settlement of her claims for alimony and dower he executed his note to A. A. Stoll, as trustee for her and her infant children, for the sum of $5,000, due eight years after date, with annual interest thereon at the rate of 6 per cent., which was secured by a…
2Cases cited2 opinions
- Duncan's trustee v. ClayCourt of Appeals of Kentucky · 1877
- Haselwood's Ex'r v. WebsterCourt of Appeals of Kentucky · 1884
3Cited by4 opinions
- Axton v. AxtonCourt of Appeals of Kentucky · 1918
- Stone v. FisherIdaho Supreme Court · 1943
- Maria Stiff's v. Helm StiffCourt of Appeals of Kentucky (pre-1976) · 1927
- In re Estate of Garratt, Superior Court of California, County of San Francisco1892