Legal Opinion

Carter v. Carter

Court of Appeals of Kentucky

Decided October 3, 1867PublishedCited by 2 opinions

CASE 74 — PETITION ORDINARY APPEAL FROM METCALFE CIRCUIT COURT. CITED— Civil Code, sec. 16. 18 B. Mon., 662 ; Watson vs. Gabby. 14 B. Mon., 145-6; Brown, Sf-c., vs. Alden. MSS. Opn., J856; Fields vs. Groves. 1 Metcalfe, 488; Smith and wife vs. Long, dpc. 2 Rev. Stat.,p. 16.

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion of the court.

Section 1 of article 2, chapter 47, of Revised Statutes, conceding to the husband the use of his wife’s land, with power to lease it for three years and to receive the rent, does not apply to land held by a trustee for the “ sole and separate use” of the wife.

The object of such a conveyance, as in this case, was to preserve the use to the wife from the control of her husband, or the interference of his creditors; and no legislative enactment could frustrate that conservative purpose or pervert the use to the husband’s control. There *289®an be no…

2Cited by2 opinions

  1. Chorn v. Chorn's AdministratorCourt of Appeals of Kentucky · 1896
  2. McNeer v. PatrickNebraska Supreme Court · 1913

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