Fennessey v. Fennessey
Court of Appeals of Kentucky
Case 71 — PETITION EQUITY APPEAL FROM KENTON CHANCERY COURT. 1. The contract of marriage is considered alone in the light of a civil contract. (Hobbs v. Blandford, 7 Mon., 473; Thayer v. Thayer, 14 Yt.) 2 Dower is a favorite of the law.
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Case 71 — PETITION EQUITY APPEAL FROM KENTON CHANCERY COURT. 1. The contract of marriage is considered alone in the light of a civil contract. (Hobbs v. Blandford, 7 Mon., 473; Thayer v. Thayer, 14 Yt.) 2 Dower is a favorite of the law. (Thayer v. Thayer, 14 Yt.) 3. A conveyance without consideration, by one party pending a marriage treaty, upon the eve of its solemnization, and without the knowledge or concurrence of the other party, is express and positive fraud, which admits of no explanation or palliation. (Littleton v. Littleton, 1 Dev. and Batt. Law; Thayer v. Thayer, 14 Yt.; Swain v.…
1Opinion of the Court
CHIEF JHSTICE PRYOR
delivered the opiiuon op the court.
This action was instituted in the Kenton Chancery Court by the appellant, Alicia T. Pennessey, against Janies E. Pennessey and others, to recover dower in certain houses and lots in the city of Covington alleged to have been owned by her husband in his lifetime, and conveyed by him to his children by a former wife in fraud of her marital rights.
John Pennessey was married to the appellant on the 24th of September, in the year 1867, and three days before thé marriage conveyed the houses and lots, in which dower is claimed, of the value of…
2Cited by7 opinions
- Collins v. CollinsCourt of Appeals of Maryland · 1904
- Daniher v. DaniherIllinois Supreme Court · 1903
- Dunbar v. DunbarIllinois Supreme Court · 1912
- Payne v. TatemCourt of Appeals of Kentucky (pre-1976) · 1930
- Wilson v. WilsonUtah Supreme Court · 1907
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