Burch v. Atchison
Court of Appeals of Kentucky
Case 93 — HOMESTEAD, CREDITORS APPEAL FROM WARREN CIRCUIT COURT. 1. Appellant’s leaving her home was of necessity, and only temporary. Her tenant was on the land, and she intended to return as soon as she could. 2. Courts do not look with favor upon estoppels, and they are only permitted to operate to further the ends of justice. • 3. The homestead law has always been liberally construed, having for its protection the indigent and helpless.
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Case 93 — HOMESTEAD, CREDITORS APPEAL FROM WARREN CIRCUIT COURT. 1. Appellant’s leaving her home was of necessity, and only temporary. Her tenant was on the land, and she intended to return as soon as she could. 2. Courts do not look with favor upon estoppels, and they are only permitted to operate to further the ends of justice. • 3. The homestead law has always been liberally construed, having for its protection the indigent and helpless. (Phipp v. Acton, 12 Bush, 375; 79 Ky., 527; 78 Kv., 630; Gen. Stat., page 438; Allensworth v. Kimbrough, 79 Ky., 332; Kobinson v. Smithy, 80 Ky., 636.) No…
1Opinion of the CourtChief Justice Hines
The husband of appellant died leaving her, with several children, in possession of a small farm, which the family had for years occupied as a home. Appellant •applied for and was allotted dower, embracing the residence. No homestead was asked for or assigned. ■She remained with one or more of the children upon the place for some two years, when she rented it by the year and removed to the city of Bowling Green, *586some six miles from the farm, there rented property and kept house with some of her children for more than five years, when she removed to and took possession of the farm. At the time…
2Cited by5 opinions
- Mattingly & Co. v. BerryCourt of Appeals of Kentucky · 1893
- Tyler's v. WilliamsonCourt of Appeals of Kentucky (pre-1976) · 1931
- Clay's Committee v. WashingtonCourt of Appeals of Kentucky · 1919
- Conway v. ReedCourt of Appeals of Kentucky · 1921
- Louisville Tobacco Warehouse Co. v. CalvertCourt of Appeals of Kentucky · 1918