Gordon v. Leech
Court of Appeals of Kentucky
Case 35 — EQUIT APPEAL PROM CALDWELL CIRCUIT COURT. 1. The certificate of the clerk as to the acknowledgment of the mortgage . is not sufficient. It does not state that it was acknowledged before his deputy. 2. It does not include the indorsement made by his deputy. (Sec. 13, art. 13, ch. 38, Gen. Stat.; sec. 22, ch. 24, Rev. Stat., p. 282; Gen. Stat., sec. 21, ch. 24; 1st vol.
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Case 35 — EQUIT APPEAL PROM CALDWELL CIRCUIT COURT. 1. The certificate of the clerk as to the acknowledgment of the mortgage . is not sufficient. It does not state that it was acknowledged before his deputy. 2. It does not include the indorsement made by his deputy. (Sec. 13, art. 13, ch. 38, Gen. Stat.; sec. 22, ch. 24, Rev. Stat., p. 282; Gen. Stat., sec. 21, ch. 24; 1st vol. Rev. Stat., 285; secs. 38 and 39, ch-24, Gen. Stat.; Franklin v. Beeker, 11 Bush, 596.) Even if the certificate is an indorsement in the meaning of the act of 1854, still the recording of the certificate immediately…
1Opinion of the Court
JUDGE HINES
delivered tiie opinion op the court.
Appellants, husband and wife, executed a mortgage to secure the payment of a certain amount of money loaned to the husband. The mortgage purports to convey both the homestead and dower interest of the wife, but appellants insist that the clerk’s certificate is so defective as to render the mortgage inoperative as to the wife and to leave her a homestead. The court below subjected the whole of the property to the payment of the mortgage debt, and the only question on the appeal is: Did the conveyance divest the wife of her homestead right?
Indorsed…
2Cited by2 opinions
- King v. MerrittMichigan Supreme Court · 1887
- Woods v. JamesCourt of Appeals of Kentucky · 1888