Nichols v. Sennitt
Court of Appeals of Kentucky
Case 128 — EQUITY— APPEAL FROM GREENUP CIRCUIT COURT. 1. The allegation that the improvements upon the land sued for as a homestead were made prior to the creation of the execution debt, is unnecessary. Inasmuch as the exception to the general provisions of the statute is contained in an entirely separate section, it is matter to be relied upon, and must be pleaded by the appellee.
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Case 128 — EQUITY— APPEAL FROM GREENUP CIRCUIT COURT. 1. The allegation that the improvements upon the land sued for as a homestead were made prior to the creation of the execution debt, is unnecessary. Inasmuch as the exception to the general provisions of the statute is contained in an entirely separate section, it is matter to be relied upon, and must be pleaded by the appellee. (Stevenson v. Marony, 29 Ills., 534; sec. 9, art. 13,‘chap. 38, Gen. Stat.; 1 Chitty’s Plead., 254; lb., 256; Commonwealth v. McClanahan, 2 Met., 10.) 5. If appellant was occupying the land claimed as a homestead…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This is an action to secure the allotment of a homestead out of property sold under execution. Two questions are presented:
First. Is the petition sufficient? It states, that at the time of the levy and .sale under execution appellant was a housekeeper, in good faith, with a family, and occupying as-a homestead the premises sold, but does not allege that the improvements were made prior to the creation of the debt. It is insisted that, by reason of the failure to so allege, the petition is fatally defective. We think not. The homestead exemption is…
2Cases cited1 opinion
- Commonwealth v. PowellCourt of Appeals of Kentucky · 1859
3Cited by12 opinions
- Bush v. WathenCourt of Appeals of Kentucky · 1898
- King v. WilsonSupreme Court of Kansas · 1915
- Mount v. Fourth Street BankCourt of Appeals of Kentucky · 1913
- Marshall v. TullyCourt of Appeals of Kentucky · 1921
- Clay's Committee v. WashingtonCourt of Appeals of Kentucky · 1919
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