
    Berry Hurst and Wife v. J. F. Stone, etc.
    Husband and Wife — Mortgage by Husband and Wife.
    Land being -general estate, -tbe wife bas no power, in conjunction with her husband, to bind it by mortgage to .secure a debt -of her ¡husband.
    APPEAL FROM TODD CIRCUIT COURT.
    December 20, 1872.
    
      
      Lowry, for appellants.
    
    
      Terry & Perkins, for appellees.
    
   Opinion by

Judge Lindsay:

Mrs. Hurst did not hold the lot mortgaged to appellees as separate estate, although the title was conveyed to a trustee. It being general estate, she had the power in conjunction with her husband to bind it by mortgage, to secure the payment of the husband’s debt. Sharp’s Adm’r v. Proctor’s Adm’r and Heirs, 5 Bush 396.

The court below did not e.rr in enforcing the mortgage, and the judgment must be affirmed.  