Mayfield v. Wright
Court of Appeals of Kentucky
Case 86 — ACTION TO SETTLE, ESTATE APPEAL FROM WARREN CIRCUIT COURT. 1. The wi-dow is entitled to one-third of the rents and profits of the d-pwable real estate, until -the dower is assigned and this claim is superior to the lién-holders’ rights. Wilson v. Ewing, 79 Ky., 551; Ky. Stats., sec. 2138. 2. The mortgagee has no -lien upon or right -to the -rents, unless- pledged by the mortgage.
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Case 86 — ACTION TO SETTLE, ESTATE APPEAL FROM WARREN CIRCUIT COURT. 1. The wi-dow is entitled to one-third of the rents and profits of the d-pwable real estate, until -the dower is assigned and this claim is superior to the lién-holders’ rights. Wilson v. Ewing, 79 Ky., 551; Ky. Stats., sec. 2138. 2. The mortgagee has no -lien upon or right -to the -rents, unless- pledged by the mortgage. Douglass v. Cline, 12 Bush, 608; Woolley v. 1-Iolt, 14 Bush, 788; Collins v. Richart, 14 Bush, 6-21. ’ 3. In the absence of a specific pledge, the rents may be subjected as provided by section 299 Civil…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe the court.
In December, 1895, the appellant, Mary A. Mayfield (then Murehead), as administratrix of the estate of J. S. Morehead, her husband, and as his widow, filed a suit for a settlement and distribution of his estate, making parties defendant the heirs at law and creditors — among the creditors being appellee, Wright, trustee, as holder of bonds and coupons for $10,000, secured by mortgage on certain of the realty belonging to the estate, including the home place.
Appellee, Wright, on January 17, 1896, filed an answer ■and cross petition setting up his…
2Cases cited4 opinions
- Taliaferro v. GayCourt of Appeals of Kentucky · 1879
- Collins v. RichartCourt of Appeals of Kentucky · 1879
- Woolley v. HoltCourt of Appeals of Kentucky · 1879
- Wilson v. EwingCourt of Appeals of Kentucky · 1881
3Cited by6 opinions
- Johnson v. CommonwealthCourt of Appeals of Kentucky · 1920
- Whittaker v. Farmers' Nat. Bank SomersetCourt of Appeals of Kentucky (pre-1976) · 1931
- Wyly v. KallenbachCourt of Appeals of Kentucky (pre-1976) · 1934
- Cumberland Trust Co. v. BartCourt of Appeals of Tennessee · 1932
- Deposit Bank v. KirbyCourt of Appeals of Kentucky · 1917
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