Clift v. Williams
Court of Appeals of Kentucky
Case 69 — SETTLEMENT OP DECEDENT’S ESTATE 1. The mortgage is a mere incident to the debt and can not be barred by limitation until the debt is. Kendall v. Clark, 90 Ky., 178; Tate v. Hawkins, 81 Ky., 577; English v. Wathen, 9 Bush, 388; Hopkins v. Stout, 6 Bush, 379; Fields v. Fields, 16 Ky.
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Case 69 — SETTLEMENT OP DECEDENT’S ESTATE 1. The mortgage is a mere incident to the debt and can not be barred by limitation until the debt is. Kendall v. Clark, 90 Ky., 178; Tate v. Hawkins, 81 Ky., 577; English v. Wathen, 9 Bush, 388; Hopkins v. Stout, 6 Bush, 379; Fields v. Fields, 16 Ky. Law Rep., 534. 1. The purchaser, W. Y. Williams, having bought his land prior to the maturity of Clift’s note, the decisions in the case of Tate v. Hawkins, and Kendall v. Clark, cited by Williams’ counsel, are not applicable. Heyer v. Heyer, 7 Paige’s Chan., 465; 34 Am. Dec., 355. 2. The appellant’s lien…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
These two appeals are upon the same transcript, and are heard together. The administrator of J. W. Williams brought an action to settle the estate of his decedent, and both appellants, being creditors of J. W. Williams, were made parties defendant.
Appellant B. F. Clift, trustee of Stanton Clift, in his answer and cross petition, alleges that in March, 1878, the decedent J. W. Williams, executed a note to W. S. Botts for the sum of $2,500, due twelve *563months after date. To secure this note, Williams and his wife, appellee Lucy Williams, executed a…
2Cases cited4 opinions
- Wicks Bros. v. McConnellCourt of Appeals of Kentucky · 1897
- Tate v. HawkinsCourt of Appeals of Kentucky · 1884
- McCracken County v. Mercantile Trust Co.Court of Appeals of Kentucky · 1886
- Prewitt v. WorthamCourt of Appeals of Kentucky · 1881
3Cited by24 opinions
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Munz v. National Bond Investment CompanyCourt of Appeals of Kentucky (pre-1976) · 1932
- City of Louisa v. HortonCourt of Appeals of Kentucky (pre-1976) · 1935
- Humphrey v. StephensSupreme Court of North Carolina · 1926
- Larimore and Perkins v. PerkinsonCourt of Appeals of Kentucky (pre-1976) · 1925
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