Johnson v. Mutual Life Insurance
Court of Appeals of Kentucky
Cask 103 — Action to Enforce a Mortgage I.ien. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Plaintiffs and Defendant Appeals. AUTHORITIES CITED. 1. A gift by appellant to her husband of the property in controversy is not authorized by statute.
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Cask 103 — Action to Enforce a Mortgage I.ien. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Plaintiffs and Defendant Appeals. AUTHORITIES CITED. 1. A gift by appellant to her husband of the property in controversy is not authorized by statute. General Statutes, chap. 52, art 4, sec. 17; Hirshman v. Brash-ears, 79 Ky., 258. 2. The two deeds contemporaneously executed, one from appellant and her husband to Bartley, and the other from Bartley hack to the husband, constitute but one transaction, and should be so construed. Early V. Douglas, 23 Ky. Law Rep., 299; A. & E.…
1Opinion of the Court
Opinion of titk covin' by
JUDGE O’REAR
Affirming.
This action was brought by the Mutual Life Insurance Company of Kentucky against Darwin W. Johnson and his *874wife, Mary Louise Johnson, for the- purpose of foreclosing a mortgage lien on certain real estate which had been mortgaged by Darwin W. Johnson and his wife. Mary Louise Johnson, the appellant, to said company, io secure a debt of the said' Darwin XV. -Johnson. The German National Rank held a second moi-tgiige on this property, executed by Johnson and his wife to it,.and for that, reason 5. H. Courtney, receiver of the bank, was made a party…
2Cases cited14 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Williamson v. JonesWest Virginia Supreme Court · 1897
- King v. ReaIndiana Supreme Court · 1877
- Howell v. M'CoySupreme Court of Pennsylvania · 1832
- Louisville, Railway Co. v. StephensCourt of Appeals of Kentucky · 1895
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3Cited by2 opinions
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- Madsonia Realty Co. v. Zion's Savings Bank & Trust Co.Utah Supreme Court · 1953