Morgan v. Wickliffe
Court of Appeals of Kentucky
Case 27 — Action by Wickliffe against Morgan to Enforce a Mortgage Lien on Land. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. ¡Section 579, Civil Code, does not require misprisions to be indicated in notice. Appellant respectfully urges that his case be reversed: 1. Because the bond to • the non-resident defendant, Fannie C. Morgan, required by section 410, Civil Code, has not been executed.
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Case 27 — Action by Wickliffe against Morgan to Enforce a Mortgage Lien on Land. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. ¡Section 579, Civil Code, does not require misprisions to be indicated in notice. Appellant respectfully urges that his case be reversed: 1. Because the bond to • the non-resident defendant, Fannie C. Morgan, required by section 410, Civil Code, has not been executed. Failure to execute bond to non-resident is not a clerical misprision, but an error. Payne v. Witherspoon, 14 B. M.,' 27; Brownfield v. Dyer, 7 Bush, 507. While it is…
1Opinion of the Court
Opinion of court by
JUDGE PAYNTER
Affirming
The appellant, Morgan, executed to aippellee, Wickliffe, a -note for the sum of $2,127.40, and, to secure the payment of it, executed a mortgage upon a tract of land in Daviess *231county, Ky. The property belonged to Morgan, but his wife joined 'in the execution of the mortgage. This action was instituted to enforce it, to which the wife was- made a party, and was proceeded against as a nonresident. The husband .appeared and made a defense to the action. A warning order was made against the wife, but she never answered. The court rendered judgment…
2Cases cited5 opinions
- Schweitzer v. WagnerCourt of Appeals of Kentucky · 1893
- Tisdale v. RiskCourt of Appeals of Kentucky · 1870
- Melone v. ArmstrongCourt of Appeals of Kentucky · 1881
- Ratcliffe v. MasonCourt of Appeals of Kentucky · 1891
- Johnson v. CantrillCourt of Appeals of Kentucky · 1891
3Cited by4 opinions
- Nelson v. DunnCourt of Appeals of Kentucky (pre-1976) · 1926
- United States v. WoodDistrict Court, W.D. Kentucky · 1987
- Smith v. SellersCourt of Appeals of Kentucky (pre-1976) · 1926
- Smith v. SmithCourt of Appeals of Kentucky · 1915