Griffin v. Proctor's Adm'r
Court of Appeals of Kentucky
Case 24 — PETITION EQUITY APPEAL PROM ROCKCASTLE COMMON PLEAS COURT. 1. The mortgage executed by the husband alone was ineffectual as to the homestead right in the land embraced by the mortgage. (McGrath, &c. v. Berry, 13 Bush, 395; Grout v. Sauter, 13 Bush, 445.) 1. The homestead claimed in this case was paid for after the creation of the plaintiff’s debt, although purchased before its creation, and is therefore subject to plaintiff’s debt.
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Case 24 — PETITION EQUITY APPEAL PROM ROCKCASTLE COMMON PLEAS COURT. 1. The mortgage executed by the husband alone was ineffectual as to the homestead right in the land embraced by the mortgage. (McGrath, &c. v. Berry, 13 Bush, 395; Grout v. Sauter, 13 Bush, 445.) 1. The homestead claimed in this case was paid for after the creation of the plaintiff’s debt, although purchased before its creation, and is therefore subject to plaintiff’s debt. (Sec. 9 to 16, art. 13, ch. 38, General Statutes.) 2. It was not necessary for the wife to join in the mortgage to create a valid lien on the homestead,…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
Appellant,'a housekeeper with a family, purchased a tract of land, and, while in possession under a title-bond, executed a mortgage to appellee, in which the wife did not join, for $391, $150 of which he paid to the vendor in part discharge of his lien for purchase-money. Subsequently appellant made other payments on the land until they amounted in all to about $1,000. Before the vendor had made a deed to appellant, appellee brought suit to subject the land embraced in the mortgage to the payment of his debt. The court decreed a sale, refusing to…
2Cited by10 opinions
- Bolman v. LohmanSupreme Court of Alabama · 1883
- J. P. Browder & Co. v. HillCourt of Appeals for the Sixth Circuit · 1905
- Bolling v. Pikeville National BankCourt of Appeals of Kentucky (pre-1976) · 1926
- Moseley v. BevinsCourt of Appeals of Kentucky · 1891
- Aldea y Díaz v. Tomás y PiñánSupreme Court of Puerto Rico · 1937
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