Court of Appeals of Kentucky, 1871

Passmore v. Wilson

Passmore v. Wilson
Court of Appeals of Kentucky · Decided October 14, 1871 · Hardin
5 Ky. Op. 436; 1871 Ky. LEXIS 435

Passmore v. Wilson

Opinion of the Court

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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.