City of Paducah v. Duke

Court of Appeals of Kentucky

City of Paducah v. Duke

11 Ky. Op. 46, 2 Ky. L. Rptr. 229, 1881 Ky. LEXIS 130

DecidedFebruary 15, 1881

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This text of 11 Ky. Op. 46 (City of Paducah v. Duke) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Paducah v. Duke, 11 Ky. Op. 46, 2 Ky. L. Rptr. 229, 1881 Ky. LEXIS 130 (Ky. Ct. App. 1881).

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Opinion

Opinion by

Judge Hines :

It is conceded that the property mortgaged in this case, and which was declared by the court below not to be subject to the mortgage, is the separate estate of the wife. We have decided in the case of Hirschman v. Brashears, 79 Ky. 258, that the power to sell separate estate, conferred by Gen. Stat. (1879), Ch. 52, Art. 4, § 17, does not imply the power to mortgage for the debt of the husband. That case is conclusive of this, and the judgment is affirmed.

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Opinion by

Judge Hines :

It is conceded that the property mortgaged in this case, and which was declared by the court below not to be subject to the mortgage, is the separate estate of the wife. We have decided in the case of Hirschman v. Brashears, 79 Ky. 258, that the power to sell separate estate, conferred by Gen. Stat. (1879), Ch. 52, Art. 4, § 17, does not imply the power to mortgage for the debt of the husband. That case is conclusive of this, and the judgment is affirmed.

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Bluebook (online)

11 Ky. Op. 46, 2 Ky. L. Rptr. 229, 1881 Ky. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-paducah-v-duke-kyctapp-1881.

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