Hale v. Hale
| Court | Court of Appeals of Kentucky |
| Writing for the Court | CREAL, C. |
| Citation | 245 Ky. 358,53 S.W.2d 554 |
| Decision Date | 10 May 1932 |
| Parties | HALE et al. v. HALE. |
53 S.W.2d 554
245 Ky. 358
HALE et al.
v.
HALE.
Court of Appeals of Kentucky
May 10, 1932
Rehearing Denied Nov. 15, 1932.
Appeal from Circuit Court, Floyd County.
Action by Daisy Hale against Josie Hale and another. From judgment for plaintiff, defendants appeal.
Reversed with directions.
Edward P. Hill, Jr., of Prestonsburg, for appellants.
James & Hobson and J. B. Clarke, all of Prestonsburg, for appellee.
CREAL, C.
This appeal is from a judgment of the Floyd circuit court in which a mortgage given by Daisy Hale and her husband, Henry Hale, to Josie Hale to secure payment of a note for $1,600, was canceled, set aside, and held for naught.
In the petition which joined Josie Hale and her husband, Ben Hale, as defendants, it is alleged that on April 12, 1928, when the mortgage was signed, plaintiff's husband, Henry Hale, was insane and of such unsound mind that he was incapable of transacting business or acknowledging an instrument of any kind or of comprehending or understanding the effect of the instrument thus signed and acknowledged. She further alleged that the mortgage was executed to secure a loan of $1,600 to her husband, and that at the time she signed and acknowledged same she was under duress and fear of threats and violence made against her by her husband, but for which she would not have signed and acknowledged the instrument; that both defendants at the time knew of the mental condition of Henry Hale and of the fear and duress under which she was laboring; that she received no part or consideration for the mortgage; that, because of the duress under which she was laboring and the mental condition of her husband, the mortgage was void.
The answer as amended, in addition to making a general denial of the allegations of the petition, affirmatively alleged that Daisy Hale on numerous occasions solicited them to make the loan and indicated her willingness to execute the mortgage to secure same; that she had never at any time expressed or indicated an unwillingness to give the mortgage or that she was laboring under any duress or fear; that the money, the payment of which the mortgage secured, or a portion thereof was used to discharge obligations of Daisy Hale and Henry Hale; that by her silence as to her alleged duress and fear, and as to the mental condition of her husband both before and after the execution of the mortgage and until the action was instituted, she was estopped to assert or maintain her alleged cause of action against defendants. The affirmative allegations of the answer as amended were controverted by reply, thus completing the issues.
Appellee and her son testified as to acts and conduct of her husband toward her for some days prior to the execution of the mortgage, and friends who stayed at their home the night before the transaction took place also testified concerning this. Their evidence indicates that appellee protested against giving the mortgage, and pleaded with her husband not to require her to do so; that he continually coerced, menaced, and threatened her, even to the...
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...in or had knowledge of it. Harper v. McGoogan, 107 Ark. 10, 154 S.W. 187. See also, Hale v. Hale, 245 [267 Ark. 261] Ky. 358, 53 S.W.2d 554 (1932); Pirtle v. Pirtle, supra; Annot., 4 ALR 864, The only argument that appellant advances as a basis for knowledge of, or notice to, appellee of du......
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Burris v. Burris
...142 S.W. 675; Wathen v. Skaggs, 161 Ky. 600, 171 S.W. 193; Davenport v. Jenkins' Committee, 214 Ky. 716, 283 S.W. 1044; and Hale v. Hale, 245 Ky. 358, 53 S.W.2d Therefore the only issue was the father's mental capacity at the time of the deed and the release of the lien. Proof of the inques......
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Life Ins. Co. Of Va. v. Herrmann., No. 139.
...123 So. 732; Akin v. Akin, 163 Ga. 18, 135 S.E. 402; Fourth National Bank v. Diver, 131 Kan. 113, 289 P. 446, 70 A.L.R. 950; Hale v. Hale, 245 Ky. 358, 53 S.W.2d 554.See also Forbes v. Welch, 52 App.D.C. 303, 286 F. 765. 2 32 C.J., ‘Insane Persons', Sec. 496. 3 ‘Even an insane person may ha......
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Sumpter v. Flanery
...a subsequent time. Johnson's Committee v. Mitchell, 146 Ky. 382, 142 S.W. 675; Fugate v. Walker, 204 Ky. 767, 265 S.W. 331; Hale v. Hale, 245 Ky. 358, 53 S.W.2d 554; Sharp v. Commonwealth, 308 Ky. 765, 215 S.W.2d 983; Littreal v. Littreal, Ky., 253 S.W.2d 247. Also, the strength of the pres......
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Sims v. First Nat. Bank, Harrison, No. 79-244
...in or had knowledge of it. Harper v. McGoogan, 107 Ark. 10, 154 S.W. 187. See also, Hale v. Hale, 245 [267 Ark. 261] Ky. 358, 53 S.W.2d 554 (1932); Pirtle v. Pirtle, supra; Annot., 4 ALR 864, The only argument that appellant advances as a basis for knowledge of, or notice to, appellee of du......
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Burris v. Burris
...142 S.W. 675; Wathen v. Skaggs, 161 Ky. 600, 171 S.W. 193; Davenport v. Jenkins' Committee, 214 Ky. 716, 283 S.W. 1044; and Hale v. Hale, 245 Ky. 358, 53 S.W.2d Therefore the only issue was the father's mental capacity at the time of the deed and the release of the lien. Proof of the inques......
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Life Ins. Co. Of Va. v. Herrmann., No. 139.
...123 So. 732; Akin v. Akin, 163 Ga. 18, 135 S.E. 402; Fourth National Bank v. Diver, 131 Kan. 113, 289 P. 446, 70 A.L.R. 950; Hale v. Hale, 245 Ky. 358, 53 S.W.2d 554.See also Forbes v. Welch, 52 App.D.C. 303, 286 F. 765. 2 32 C.J., ‘Insane Persons', Sec. 496. 3 ‘Even an insane person may ha......
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