Withers v. Pugh
Court of Appeals of Kentucky
Case 96 — PETITION EQUITY — APPEAL PROM HARRISON CIRCUIT COURT. The writing purporting to he a mortgage does not divest appellants of a homestead. It is essential to the validity of a deed or mortgage that the names of the grantors shall be given in the body of the mortgage.
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Case 96 — PETITION EQUITY — APPEAL PROM HARRISON CIRCUIT COURT. The writing purporting to he a mortgage does not divest appellants of a homestead. It is essential to the validity of a deed or mortgage that the names of the grantors shall be given in the body of the mortgage. (Gen. Stats., chap. 38, art. 13, see. 13; Bouvier’s Law Dictionary, title “Deed;” Kent’s Commentaries, vol. 4,13th ed., pp. 460-462; McGrath v. Berry, 13 Bush, 394; Ham’s Adm’r v. Tiohener, 3 Mon., 196; Hatcher and Wife v. Anderson, 5 Bush, 561; Hobbs, &c., v. Hedger, 15 B. M., 106.) The mortgage is sufficient to pass the…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
The only question made by counsel in this case is whether the writing purporting to be a mortgage divested appellants, husband and wife, of a homestead right in the' land described therein.
So much of the writing as is material we copy: “ Whereas, Hawkins Withers, being indebted to Margaret Pugh, * * for which first party has executed his * promissory notes of even date. * Now, for the purpose of securing the payment of said sums, * the undersigned mortgagors do hereby mortgage the following described property: * * Said property is warranted free…
2Cases cited1 opinion
- McGrath v. BerryCourt of Appeals of Kentucky · 1877
3Cited by5 opinions
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- State v. CorbittSupreme Court of South Carolina · 1921
- Texas Pac. Coal & Oil Co. v. PattonTexas Commission of Appeals · 1922
- Arnett v. Salyersville National BankCourt of Appeals of Kentucky (pre-1976) · 1931
- Patton v. Texas Pac. Coal & Oil Co.Court of Appeals of Texas · 1920