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6 Ky. Op. 129

Hurst v. Stone

Court of Appeals of Kentucky

Decided December 20, 1872

Court of Appeals of Kentucky · decided 1872-12-20

<p>Husband and Wife — Mortgage by Husband and Wife.</p> <p>Land being -general estate, -tbe wife bas no power, in conjunction with her husband, to bind it by mortgage to .secure a debt -of her ¡husband.</p>

Decided 1872-12-20

¶1Opinion by

Judge Lindsay:

¶2Mrs. 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.

¶3The court below did not e.rr in enforcing the mortgage, and the judgment must be affirmed.

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