City of Paducah v. Duke , 2 Ky. L. Rptr. 229 ( 1881 )

Opinion by

Judge Hines :

It is conceded that the property mortgaged in this case, and which was declared by the court below not to be subject to the mortgage, is the separate estate of the wife. We have decided in the case of Hirschman v. Brashears, 79 Ky. 258, that the power to sell separate estate, conferred by Gen. Stat. (1879), Ch. 52, Art. 4, § 17, does not imply the power to mortgage for the debt of the husband. That case is conclusive of this, and the judgment is affirmed.