Passmore v. Wilson

Court of Appeals of Kentucky

Passmore v. Wilson

5 Ky. Op. 436, 1871 Ky. LEXIS 435

DecidedOctober 14, 1871

StatusPublished

This text of 5 Ky. Op. 436 (Passmore v. Wilson) 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

Passmore v. Wilson, 5 Ky. Op. 436, 1871 Ky. LEXIS 435 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Hardin :

The allegations of the petition import that the property mortgaged was the general estate of Mrs. Passmore, and as she might convey such estate by mortgage, whether for necessaries or not, the only question that could arise in the case, as presented, is whether the property is general or separate estate.

On that question the burden was upon the grantors in the mortage to show the property to be separate estate in order to [437]*437exempt it from the operation of the mortgage, and this they wholly failed to do.

Kyle, for appellants. J. B. & P. B. Thompson, for appellee.

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Opinion by

Judge Hardin :

The allegations of the petition import that the property mortgaged was the general estate of Mrs. Passmore, and as she might convey such estate by mortgage, whether for necessaries or not, the only question that could arise in the case, as presented, is whether the property is general or separate estate.

On that question the burden was upon the grantors in the mortage to show the property to be separate estate in order to [437]*437exempt it from the operation of the mortgage, and this they wholly failed to do.

Kyle, for appellants. J. B. & P. B. Thompson, for appellee.

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Bluebook (online)

5 Ky. Op. 436, 1871 Ky. LEXIS 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/passmore-v-wilson-kyctapp-1871.