Legal Opinion

Harpending's Executors v. Wylie

Court of Appeals of Kentucky

Decided December 5, 1878PublishedCited by 6 opinions

Case 39 — PETITION EQUITY APPEAL PROM CALDWELL CIRCUIT COURT. 1. The certificate of acknowledgment is sufficient, because it states all the facts required by law to make it valid. 2. The act of the deputy is the act of the clerk, and should be in the name of the clerk. (Talbott’s Devisees v. Hooser, 12 Bush, 408.) 1. The certificate of acknowledgment was void as to the feme covert, because it did not embrace the memorandum made by the deputy who took the acknowledgment.

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Case 39 — PETITION EQUITY APPEAL PROM CALDWELL CIRCUIT COURT. 1. The certificate of acknowledgment is sufficient, because it states all the facts required by law to make it valid. 2. The act of the deputy is the act of the clerk, and should be in the name of the clerk. (Talbott’s Devisees v. Hooser, 12 Bush, 408.) 1. The certificate of acknowledgment was void as to the feme covert, because it did not embrace the memorandum made by the deputy who took the acknowledgment. (1 Stanton’s Rev. Stat., p. 282; Gen. Stat., p. 262; Franklin v. Becker and wife, 11 Bush, 595.) 2. Recording deed with…

1Opinion of the Court

JUDGE COFER

delivered the opinion oe the court.

In January, 1873, Wylie and wife made a mortgage to Harpending, embracing the homestead of the husband. In a suit to enforce the mortgage-lien Harpending’s executors obtained judgment by default. Before the judgment was executed by a sale of the property, Wylie departed this life. In response to a rule to show why the judgment should not be revived, the widow and heirs made defense which was disposed of by this court in the case of Harpending’s executors v. Wylie, 13 Bush, 158.

*382Mrs. Wylie and her children subsequently filed a petition for a new…

2Cases cited3 opinions

  1. Cain v. FlynnCourt of Appeals of Kentucky · 1836
  2. Harpending's Ex'rs v. WylieCourt of Appeals of Kentucky · 1877
  3. Ford v. TealCourt of Appeals of Kentucky · 1870

3Cited by6 opinions

  1. Cox v. GillCourt of Appeals of Kentucky · 1886
  2. Hall v. HallCourt of Appeals of Kentucky · 1904
  3. Tichenor v. YankeyCourt of Appeals of Kentucky · 1890
  4. Aultman-Taylor Co. v. FrasureCourt of Appeals of Kentucky · 1894
  5. Owings v. RiderCourt of Appeals of Kentucky (pre-1976) · 1932

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