Beverly v. Waller
Court of Appeals of Kentucky
Cash 72 — Action by A. Waller and Others against Sarah P. Beverly Involving Defendant’s Right of Dower in Her Deceased Husband’s Land. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals.
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Cash 72 — Action by A. Waller and Others against Sarah P. Beverly Involving Defendant’s Right of Dower in Her Deceased Husband’s Land. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. PROPOSITIONS DISCUSSED. 1. A mortgage purporting a conveyance alune by a husband, signed and acknowledged by himself .and wife, rand certified by the clerk, but not stating what -she intended to- convey, is as insufficient as to, the wife as though she had .never signed it. Hall v. Ditto, 11 R., 667; Powell v. Monson, «te. Mfg. Co., 3- Mason (ü S.), 347; Hatcher v. Andrews, 5…
1Opinion of the Court
Opinion oe the court by
JUDGE BARKER
Reversing.
On the 15th day of February, 1868, R. G. Beverly and L. W. Powell were the joint owners of a large tract of land in Henderson county, Ky. On that day Beverly mortgaged *599liis undivided interest in the land to James White to secure the repayment of $2,000 in gold. His wife, the appellant, Sarah P. Beverly, did not sign this mortgage, nor is her name in any way mentioned therein. On the 17th day of July, 1870, R. G. Beverly mortgaged his interest in the land to Thomas Posey to secure to Posey what he owed him'as guardian, and also for the purpose, as…
2Cases cited6 opinions
- Hatcher v. AndrewsCourt of Appeals of Kentucky · 1869
- Talbott v. ToddCourt of Appeals of Kentucky · 1837
- Moomey v. MaasSupreme Court of Iowa · 1867
- Hill v. LancasterCourt of Appeals of Kentucky · 1889
- Lewis v. SmithNew York Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Franklin County v. BaileyCourt of Appeals of Kentucky (pre-1976) · 1933
- Farley v. StaceyCourt of Appeals of Kentucky · 1917
- Parsons v. JusticeCourt of Appeals of Kentucky · 1915
- Segal v. ReisertCourt of Appeals of Kentucky · 1908
- Wren v. CookseyCourt of Appeals of Kentucky · 1913
5 more not listed; retrieve them via the Exa API.