Blake v. Durrell Bros.
Court of Appeals of Kentucky
Case 83 — -PETITION EQUITY APPEAL FROM NICHOLAS CIRCUIT COURT. 1. Blake died before tbe first term of the court after the suit againsb ’ 'him was filed, and had therefore no opportunity to file an affidavit controverting the grounds of the attachment, or to file an answer claiming his exemptions; and upon his death the right to the property which the statute directs to be set apart to the widow-vested at once in her.
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Case 83 — -PETITION EQUITY APPEAL FROM NICHOLAS CIRCUIT COURT. 1. Blake died before tbe first term of the court after the suit againsb ’ 'him was filed, and had therefore no opportunity to file an affidavit controverting the grounds of the attachment, or to file an answer claiming his exemptions; and upon his death the right to the property which the statute directs to be set apart to the widow-vested at once in her. Mallory’s Admr. v. Mallory’s Admr., 92 Ky., 317; Myers’ Admr. v. Forsythe, 10 Bush, 394; Ky. Statutes, sec. 1403. 1. This is not a contest between the general creditors and the…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion or the court.
The appellees, Durrell Bros., brought an attachment suit against L. T. Blake upon a check, the attachment being levied upon a stock of dry goods and notions. Myers & Herndon came into the case by petition, setting up a claim to the goods. Blake died pending the suit, and the case was revived. The litigation between Durrell Bros, and Myers & Herndon was decided adversely to the latter, and they have not appealed. The appellant, Luella Blake, filed her petition and an amendment thereto, which was *602taken as her answer, averring that she was the…
2Cases cited1 opinion
- Myers's administrator v. ForsytheCourt of Appeals of Kentucky · 1874
3Cited by3 opinions
- International Harvester Co. v. Dyer's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1944
- Earnest v. StandeferCourt of Appeals of Texas · 1932
- Graham v. Graham's AdministratrixCourt of Appeals of Kentucky · 1957