Franklin v. Becker
Court of Appeals of Kentucky
OASE 57-PETITION EQUITY- APPEAL PROM FLEMING CIRCUIT COURT. CITED Revised Statutes, chap. 24. 1 Stanton, 285. 1 Mar. 306, Bank of Kentucky v. Haggin. 8 B. Mon. 181, Gill, Simpson, &c. v. Fauntleroy’s heirs. 4 Met. 352, Phillips v. Clark.
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OASE 57-PETITION EQUITY- APPEAL PROM FLEMING CIRCUIT COURT. CITED Revised Statutes, chap. 24. 1 Stanton, 285. 1 Mar. 306, Bank of Kentucky v. Haggin. 8 B. Mon. 181, Gill, Simpson, &c. v. Fauntleroy’s heirs. 4 Met. 352, Phillips v. Clark. CITED Act of March 9, 1854. 1 Stanton, 285. Revised Statutes, chap. 24, sec. 22. 1 Met. 472. 5 J. J. M. 328 and 533, 1 Story’s Equity, secs. 96, 169, 177. 7 B. Mon. 162, Pearce’s heirs v. Patton. 5 J. J. M. 135, Tomlin v. McChord’s reps. 6 J. J. M. 533, Barnett v. Shackleford. 1 Pet. 328, Elliott v. Piersoll. 17 B. Mon. 542. 1 Story’s Bep. 487.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion of the court.
The certificate of the clerk as to the acknowledgment of the mortgage is not sufficient to bind the female appellee.
The indorsement, on the back of the instrument is that it was “acknowledged by H. M. L. Becker and wife, April 15, 1870. [Signed] S. Boots, D. C.”
The certificate of the principal clerk is that the mortgage “was on the 15th day of April, 1870, produced to Seth Botts, deputy clerk for me, and acknowledged by said Becker and wife to be their act and deed, and is, together with this certificate, duly recorded in my office.”
The act of…
2Cited by2 opinions
- Woods v. JamesCourt of Appeals of Kentucky · 1888
- McCormack v. WoodsCourt of Appeals of Kentucky · 1878