Meador v. Meador
Court of Appeals of Kentucky
Case 35 — PETITION EQUITY — APPEAR PROM MEADE CIRCUIT COURT. ‘One to whom land descends is entitled to a homestead exemption as against an antecedent debt, although he has not acquired possession at the time the attempt to subject the land is made. (Jewell v. Clark, 78 Ky., 393.) A surety may maintain an action against the principal and co-sureties to compel the principal to pay or the co-sureties to contribute. (Morrison v. Poyntz, 7 Dana, 307.)
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
In 1876 the appellant, John II. Meador, with his father, Paschal Meador, as his surety, executed to R. J. Patteson a note for two thousand dollars, payable on demand, and bearing ten per cent, interest from date. About three years thereafter the appellant, with the written consent of the surety, mortgaged to Patteson certain real estate to pay the debt. The creditor brought suit in 1881, and obtained not only a decree •enforcing the mortgage lien, but a personal judgment against John II. and Paschal Meador. A certain sum was realized by the sale of…
2Cases cited2 opinions
- Jewell v. Clark's ex'rCourt of Appeals of Kentucky · 1880
- Morrison v. PoyntzCourt of Appeals of Kentucky · 1838
3Cited by7 opinions
- Roark v. BachCourt of Appeals of Kentucky · 1903
- Spratt v. AllenCourt of Appeals of Kentucky · 1899
- Deboe v. BrownCourt of Appeals of Kentucky (pre-1976) · 1929
- In re BakerCourt of Appeals for the Sixth Circuit · 1910
- Moody v. BarkerCourt of Appeals of Kentucky · 1920
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