Tichenor v. Yankey
Court of Appeals of Kentucky
Case 77 — PETITION EQUITY APPEAL PROM DAYEISS CIRCUIT COURT. Where there is a clear case of a mistake in the boundary of the land intended to be mortgaged, the mistake can be rectified and the intention of the parties carried into effect. (Pribble v. Hall, 13 Bush, 61; Gen. Stats., chap. 71, art. 4, sec. 5; Id., chap. 81, sec. 17.) 1. The court can not make a contract for the parties.
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Case 77 — PETITION EQUITY APPEAL PROM DAYEISS CIRCUIT COURT. Where there is a clear case of a mistake in the boundary of the land intended to be mortgaged, the mistake can be rectified and the intention of the parties carried into effect. (Pribble v. Hall, 13 Bush, 61; Gen. Stats., chap. 71, art. 4, sec. 5; Id., chap. 81, sec. 17.) 1. The court can not make a contract for the parties. The act, and not the intent, must govern. 2. The officer taking the acknowledgment of a married woman must explain to her the contents and effect of the deed, and this must be done separately and apart from her…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
March 17, 1884, H. C. Yankey and his wife, who is the appellee, Sallie E. Yankey, executed a mortgage upon real estate to the appellant, T. C. Tichenor. The husband died in January, 1886, and more than a year having elapsed without administration upon his estate, this action was brought on August 6, 1887, against his widow and children to enforce the mortgage. No guardian ad litem was appointed for the children, all of whom are infants. This is immaterial, however, as the only relief asked was an enforcement of the mortgage lien, and the land…
2Cases cited3 opinions
- Cox v. GillCourt of Appeals of Kentucky · 1886
- Ford v. TealCourt of Appeals of Kentucky · 1870
- Harpending's Executors v. WylieCourt of Appeals of Kentucky · 1878
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- Dukes v. DavisCourt of Appeals of Kentucky · 1907
- Byers v. First State BankCourt of Appeals of Kentucky · 1914
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- Bingham v. AndersonCourt of Appeals of Kentucky · 1923
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