Stevenson v. Brasher
Court of Appeals of Kentucky
Case 3 — PETITION EQUITY APPEAL FROM CHRISTIAN COURT OF COMMON PLEAS. 1. An acknowledgment taken by an officer who is personally interested in the transaction is invalid. (Devlin on Deeds, vol. 1, sec. 476; Withers v. Baird, .32 Am. Dec., 757.) 2. By releasing her dower in the tract of land received in exchange, the widow is not estopped to claim dower in the tract given in exchange.
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Case 3 — PETITION EQUITY APPEAL FROM CHRISTIAN COURT OF COMMON PLEAS. 1. An acknowledgment taken by an officer who is personally interested in the transaction is invalid. (Devlin on Deeds, vol. 1, sec. 476; Withers v. Baird, .32 Am. Dec., 757.) 2. By releasing her dower in the tract of land received in exchange, the widow is not estopped to claim dower in the tract given in exchange. (Mahoney v. Young, 3 Dana, 588.) Although she does not claim it, she is strictly entitled to dower in both pieces of property. (Cass v. Thompson, 8 Am. Dec., 36; Scribner oil Dower, vol. 1, p. 272.) 1. There…
1Opinion of the Court
JUDOB BBNNBTT
delivered the opinion oe the court.
W. L. Stevenson, since deceased intestate, exchanged his house and lot in the city of Hopkinsville, with a portion of the appellees and the representatives and immediate vendee of the others, for a small farm in Christian county, the said vendees paying some boot. The deed to said house and lot was acknowledged by said Stevenson and the appellant, his wife, before E. Gr. Callis, deputy clerk, who was one of the vendees. After the death of W. L. Stevenson the appellant, as his widow, instituted this action to set aside the said deed, as far as…
2Cases cited1 opinion
- Mahoney v. YoungCourt of Appeals of Kentucky · 1835
3Cited by8 opinions
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- Sousley v. Citizens Bank of NeptonCourt of Appeals of Kentucky · 1916
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