Legal Opinion

Ratcliffe v. Mason

Court of Appeals of Kentucky

Decided October 29, 1891PublishedCited by 5 opinions

Case 37 — PETITION EQUITY APPEAL PROM CHRISTIAN CIRCUIT COURT. 1. No partnership existed between O. T. & G. W. Batcliffe at the time of the purchase of the land in controversy, and the subsequent appropriation of the land to partnership purposes did not deprive appellant of her right to dower. (Bowler, &e., v. Blair, 6 By. Law Bep., 665 ; Holmes v. Self, &c., 2 By.

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Case 37 — PETITION EQUITY APPEAL PROM CHRISTIAN CIRCUIT COURT. 1. No partnership existed between O. T. & G. W. Batcliffe at the time of the purchase of the land in controversy, and the subsequent appropriation of the land to partnership purposes did not deprive appellant of her right to dower. (Bowler, &e., v. Blair, 6 By. Law Bep., 665 ; Holmes v. Self, &c., 2 By. Law Bep., 380; McClure v. Harris, 12 B. M., 261; Tevis v. Stelle, 4 T. B. Mon., 339; Willett v. Beatty, 12 B. Mon., 172; Casky v. Casky, &c., 5 By. Law Bep., 769; Scribner on Dower, pp. 538 and 576.) 2. The defense that appellant…

1Opinion of the Court

JUDGE LEWIS

delivered the opinion of the court.

By deed, executed December 24, and .acknowledged for record December 26, 1856, J. D. Wallace conveyed to C. T. Ratcliffe and Gr. W. Ratcliffe, brothers, six hundred and eighty-one acres of land, in consideration of which $8,000 was to be paid January 1, 1857, and the residue of purchase money in equal installments, for which they executed notes.

The two purchasers conducted farming business on the land as partners under the firm name of Ratcliffe & Bro., *193from January, 1857, to 1867, when G-. .W. Ratcliffe died, leaving by will all his estate of…

2Cases cited5 opinions

  1. Spalding v. Wilson & MuirCourt of Appeals of Kentucky · 1883
  2. Tisdale v. RiskCourt of Appeals of Kentucky · 1870
  3. Cantrill v. RiskCourt of Appeals of Kentucky · 1870
  4. Melone v. ArmstrongCourt of Appeals of Kentucky · 1881
  5. American Contract Co. v. CrossCourt of Appeals of Kentucky · 1871

3Cited by5 opinions

  1. Cohen v. CohenAppellate Court of Illinois · 1937
  2. Helm v. BoardCourt of Appeals of Kentucky · 1902
  3. Morgan v. WickliffeCourt of Appeals of Kentucky · 1903
  4. Morgan v. WickliffeCourt of Appeals of Kentucky · 1903
  5. Smith v. SellersCourt of Appeals of Kentucky (pre-1976) · 1926

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