Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1921-07-29

Read opinion of Court of Appeals and inform your
took to get for consideration grossly inadequate the farm of an
DID, Ignorant
The Wayne Circuit Court decided the sgans Kennedy
carried of Appeals which affirmed
Judgment the lower in the following language:
ION February - 1911 McBeah cooed about
seventy years age Monticello Banking Com
pany the of $3.50 and executed his note therefor with H.
Kennedy surety. In order to indemnify Kennedy Jordon
Mceah and wife executed to him mortgage conveying two
AS oron MeBeah owned only twonint6 interest in the tract
of land il claimed that his interest was described as woh
snsd PSm,if and Mea,h Wh"a ,s new note mature
Kennrdy paid it. On June g. 1872 Kennedy
Jodon Meeath and procured from him and his wife deed
quit claiming any interest the remainder At the same time
Kennedy executed collateral by which he bound inn
tract of land provided Jordo or any his children repaid to
with interest The collateral agreement further pro
yded that difference who should redeem the tract Of Land
abandon the place and KenRy bound himself in the event Of the
Shortly after the conveyance
being redeemed prior the expiration of the Sly
months % S the Mike cs KGa knew
circumstances under which Kennedy acquired title
Beah one of Jordon children to question
and out in his petition the above proceedings by which
Meeah nadeqacy of consideration and that the
S was a, S"y as s deed
final hearing the sh.ssSr sdnsd a deed to be
"A deal of evidence heard the question of tender
but in of the conclusions Of the court we deem
the conveyance Jordon MeHea and the lane
Of Monticello Jordon was good health Judge Kennedy
fearing that his interest in the land would not be sufficient tG
the action rode out to Jren ho for the purpose sn
him to "S Kn c s " $ was %
way affected and he in full possession Of his mental powers
oron suggested that anoer clause added providing
difference who redeemed the land his wife Ke should have the
with the word Witness hand etc. was then erased and h
M s %ss m tins S time the
veaon did he that the deed was mere mortgage lie iu
given six within which redeem the land
no ha ens o Ss Sg @ ass
anything the parties led them believe that the ned deed was
day Two days later he took the note at
bank and his mote lieu v thereof payable in six months
Meeath wife vacated the premises soon after
sSs ~ aer 0 he elapsed defendant Henry cea
to Castillo and said that he had to hear his doom
needy he said the rum was mortgage oi Did no
iss1 whether BAD had health md
the and effect Of the papers he was signing or NOT
s%d hs did not want the place and give
pay it When Mr. Castillo bought the place she moved
gave up place she thought his The defendant
Jordon condition good Jordon could read print and
write little Judge Kennedy said he would give them six months
money p all present that the mortgage
to be prolonged for six months Jay s Mes S esd wns S
eued Judge Kennedy said mortgage lie further said
was power Jordon out of doors but as they had
always been good willing fix it they would
have time His father very feeble at the time
and died a few days later
"The Kennedy took not only conveys with cove
nant general the wOnnths interest covered by the
mortgage in addition thereto grants quit claims and turns
over possession of the remaining svennnhs interest sara
tract this part the grantors warrant the title
against heirs and assigns only is true Joron
McBeah had only twoninth of the tract There ev
dnce tending that the remaining interests had
been given him. he had title bonds therefor Certain is
that he had land for about 80 years The
whole land is worth 5000 and probably much as $4OO
AT the deed executed Kennedy had not PAID the
note at the bank the note December 18th
The which he surety never surrendered 10
Jordon McBeath Even if accept Judge kennedys statements
as tre that he never mentioned mortgage he
tcay admits he told the gantor that he wanted to give
them six IN which TO redeem the land HIS on
motive deed could not have been merely to secure
deed for that which he already had mosAge H. a. +
all the title that the granOrs had TO
I'M