Hurst v. Stone

Court of Appeals of Kentucky

Hurst v. Stone

6 Ky. Op. 129, 1872 Ky. LEXIS 455

DecidedDecember 20, 1872

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This text of 6 Ky. Op. 129 (Hurst v. Stone) 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

Hurst v. Stone, 6 Ky. Op. 129, 1872 Ky. LEXIS 455 (Ky. Ct. App. 1872).

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Opinion

Opinion by

Judge Lindsay:

Mrs. Hurst did not hold the lot mortgaged to appellees as separate estate, although the title was conveyed to a trustee. It being general estate, she had the power in conjunction with her husband to bind it by mortgage, to secure the payment of the husband’s debt. Sharp’s Adm’r v. Proctor’s Adm’r and Heirs, 5 Bush 396.

The court below did not e.rr in enforcing the mortgage, and the judgment must be affirmed.

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Opinion by

Judge Lindsay:

Mrs. Hurst did not hold the lot mortgaged to appellees as separate estate, although the title was conveyed to a trustee. It being general estate, she had the power in conjunction with her husband to bind it by mortgage, to secure the payment of the husband’s debt. Sharp’s Adm’r v. Proctor’s Adm’r and Heirs, 5 Bush 396.

The court below did not e.rr in enforcing the mortgage, and the judgment must be affirmed.

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Bluebook (online)

6 Ky. Op. 129, 1872 Ky. LEXIS 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hurst-v-stone-kyctapp-1872.

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