Legal Opinion

Johnson v. Johnson

Court of Appeals of Kentucky

Decided January 17, 1895PublishedCited by 9 opinions

Case 63 — PETITION EQUITY — APPEAL PROM JEFFERSON CIRCUIT COURT, UW AND EQUITY DIVISION. A judgment granting a life estate in real property in lieu of alimo.ny is not affected by a subsequent judgment, even properly obtained» ordering generally and not specifically a return of all property obtained the one from the other through or by reason of the marriage.

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Case 63 — PETITION EQUITY — APPEAL PROM JEFFERSON CIRCUIT COURT, UW AND EQUITY DIVISION. A judgment granting a life estate in real property in lieu of alimo.ny is not affected by a subsequent judgment, even properly obtained» ordering generally and not specifically a return of all property obtained the one from the other through or by reason of the marriage. (Elood v. Elood, 5 Bush, 167.) (No brief in record.) ’The cases of Elood v. Elood, 5 Bush, 167, Phillips v. Phillips, 9 Bush, 183, and Bennett v. Bennett, 95 Ky., 545, were all based upon the-construction of section 562 of the old Code of…

1Opinion of the Court

JUDGE HAZELRIGG

delivered the opinion of the court.

In a former action between (be appellant and tlie appellee there was a judgment rendered in October, 1885, granting the appellant a divorce a mensa et thora from the appellee, and in lieu of alimony awarding her certain personal property and household goods then in her possession, and also settling on her for life a house and lot, situated on Lexington street, in Louisville, Ky., theretofore belonging to her husband. On appeal to this court that judgment was affirmed.

Thereafter, in 1887, the husband brought a suit for absolute divorce, and…

2Cases cited3 opinions

  1. Williams v. GoochCourt of Appeals of Kentucky · 1861
  2. Flood v. FloodCourt of Appeals of Kentucky · 1868
  3. Bennett v. BennettCourt of Appeals of Kentucky · 1894

3Cited by9 opinions

  1. Sea v. ConradCourt of Appeals of Kentucky · 1913
  2. Schauberger v. Morel's AdministratorCourt of Appeals of Kentucky · 1916
  3. Eversole v. Eversole's AdministratrixCourt of Appeals of Kentucky · 1916
  4. Youngblood v. YoungbloodCourt of Appeals of Kentucky (pre-1976) · 1952
  5. Prudential Insurance Co. of America v. Orr's AdministratorCourt of Appeals of Kentucky · 1917

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