143 Ky. 375 | Ky. Ct. App. | 1911
OPINION OF THE COURT BY
Affirming.
Appellees were wholesale grocery merchants in Mt. Sterling, Ky., in 1898, and John A'. Craft became indebted to them in the sum of $335.58 which was evidenced by two notes. At the date of the execution of the notes, or shortly thereafter John A. Craft assigned to them as collateral security, a note for $328.62 against Arch Webb. Webb and wife had executed a mortgage to Craft on about seventy-five acres of land to secure the note, and this mortgage was also assigned by Craft to appellees at the same time the note was.
Arch Webb died about 1895. . The parties having failed to pay either of the notes, appellees brought an action against Nancy Webb, the widow of Arch Webb, and their six children to whom the land descended upon the death of Arch Webb, for the enforcement of the mortgage lien. The widow only answered and alleged that her signature to .the mortgage was obtained by fraud of John A. Craft, and that Arch Webb was very old and impaired in mind when the mortgage was executed and was unable to enter into a business transaction. The children were not before the court by service of process, although Jason Webb testified in the action for his mother on the issues made by her. The court decided that action against Nancy Webb and rendered a judgment enforcing the mortgage lien and directing the land to be sold, which was done, and it brought more
For these reasons, the judgment of the lower court is affirmed.