Tyler v. Tyler
Court of Appeals of Kentucky
Case 8_.PETITIONS EQUITY APPEAL FROM NELSON CIRCUIT COURT 1. Under the facts and circumstances in this case, the allowance for alimony was out of all reason. 2. Section 2123 of Kentucky Statutes has been plainly violated in this case, as it is distinctly provided therein that the court shall not divest either party of the fee-simple title to' real estate. 3. An allowance or allotment of alimony is not a judgment upon which an execution may issue. 1. The facts of each…
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Case 8_.PETITIONS EQUITY APPEAL FROM NELSON CIRCUIT COURT 1. Under the facts and circumstances in this case, the allowance for alimony was out of all reason. 2. Section 2123 of Kentucky Statutes has been plainly violated in this case, as it is distinctly provided therein that the court shall not divest either party of the fee-simple title to' real estate. 3. An allowance or allotment of alimony is not a judgment upon which an execution may issue. 1. The facts of each particular case will control the chancellor in determining the amount of allowance for alimony. (Beall v. Beall, 80 Ky., 680.)…
1Opinion of the CourtChief Justice Pryor
These three cases have been consolidated and considered as one case. The appellant was sued by his wife for a divorce. She obtained the relief sought, and alimony allowed her to the extent of $1,200, and was given the custody of her infant child.
The appellant at the time of the rendition of the judgment, and in fact prior thereto, Rad made an assignment of all his estate for the benefit of creditors, but was not in fact-insolvent. He owned a valuable farm, house and lot in Bloomfield, and personal property, and at the date of the judgment, at a fair estimate of his estate, -would have had…
2Cited by15 opinions
- Rudd v. RuddCourt of Appeals of Kentucky · 1919
- Sebastian v. RoseCourt of Appeals of Kentucky · 1909
- Campbell v. TrosperCourt of Appeals of Kentucky · 1900
- Gerrein's Admr. v. MichieCourt of Appeals of Kentucky · 1906
- In re NowellDistrict Court, D. Massachusetts · 1900
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